TH D CONGRESS SESSION S. 936 · drydocks. Sec. 142. Replacement of engines on aircraft derived from...

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105TH CONGRESS2D SESSION S. 936

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1998

Referred to the Committee on National Security

AN ACTTo authorize appropriations for fiscal year 1998 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Depart-

ment of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the ‘‘National Defense Au-4

thorization Act for Fiscal Year 1998’’.5

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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF1

CONTENTS.2

(a) DIVISIONS.—This Act is organized into three divi-3

sions as follows:4

(1) Division A—Department of Defense Au-5

thorizations.6

(2) Division B—Military Construction Author-7

izations.8

(3) Division C—Department of Energy Na-9

tional Security Authorizations and Other Authoriza-10

tions.11

(b) TABLE OF CONTENTS.—The table of contents for12

this Act is as follows:13

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSEAUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical Demilitarization Program.

Sec. 108. Defense health programs.

Sec. 109. Defense Export Loan Guarantee Program.

Sec. 110. Reduction in authorizations of appropriations.

Subtitle B—Army Programs

Sec. 111. Army helicopter modernization plan.

Sec. 112. Multiyear procurement authority for AH–64D Longbow Apache fire

control radar.

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Sec. 113. Multiyear procurement authority for family of medium tactical vehi-

cles.

Subtitle C—Navy Programs

Sec. 121. New Attack Submarine program.

Sec. 122. Nuclear aircraft carrier program.

Sec. 123. Exception to cost limitation for Seawolf submarine program.

Sec. 124. Airborne self-protection jammer program.

Subtitle D—Air Force Programs

Sec. 131. B–2 bomber aircraft program.

Sec. 132. ALR radar warning receivers.

Subtitle E—Other Matters

Sec. 141. Prohibition on use of funds for acquisition or alteration of private

drydocks.

Sec. 142. Replacement of engines on aircraft derived from Boeing 707 aircraft.

Sec. 143. Exception to requirement for a particular determination for sales of

manufactured articles or services of Army industrial facilities

outside the United States.

Sec. 144. NATO Joint Surveillance/Target Attack Radar System.

TITLE II—RESEARCH, DEVELOPMENT, TEST, ANDEVALUATION


Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, andLimitations

Sec. 211. Joint Strike Fighter program.

Sec. 212. F–22 aircraft program.

Sec. 213. High Altitude Endurance Unmanned Vehicle Program.

Sec. 214. Advanced Anti-Radiation Guided Missile Program.

Sec. 215. Federally funded research and development centers.

Sec. 216. Goal for dual-use science and technology projects.

Sec. 217. Transfers of authorizations for counterproliferation support program.

Sec. 218. Kinetic energy tactical anti-satellite technology program.

Sec. 219. Clementine 2 micro-satellite development program.

Sec. 220. Bioassay testing of veterans exposed to ionizing radiation during mili-

tary service.

Sec. 221. DOD/VA Cooperative Research Program.

Sec. 222. Multitechnology integration in mixed-mode electronics.

Sec. 223. Facial recognition technology program.

Subtitle C—Ballistic Missile Defense Programs

Sec. 225. National Missile Defense Program.

Sec. 226. Reversal of decision to transfer procurement funds from the Ballistic

Missile Defense Organization.

Subtitle D—Other Matters

Sec. 231. Manufacturing technology program.

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Sec. 232. Use of major range and test facility installations by commercial enti-

ties.

Sec. 233. Eligibility for the Defense experimental program to stimulate com-

petitive research.

Sec. 234. Restructuring of National Oceanographic Partnership Program orga-

nizations.

Sec. 235. Demonstration program on explosives demilitarization technology.

TITLE III—OPERATION AND MAINTENANCE


Sec. 301. Operation and maintenance funding.

Sec. 302. Working-capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Fisher House Trust Funds.

Sec. 306. Funds for operation of Fort Chaffee, Arkansas.

Subtitle B—Depot-Level Activities

Sec. 311. Percentage limitation on performance of depot-level maintenance of

materiel.

Sec. 312. Centers of Industrial and Technical Excellence.

Sec. 313. Clarification of prohibition on management of depot employees by

constraints on personnel levels.

Sec. 314. Annual report on depot-level maintenance and repair.

Sec. 315. Report on allocation of core logistics activities among Department of

Defense facilities and private sector facilities.

Sec. 316. Review of use of temporary duty assignments for ship repair and

maintenance.

Sec. 317. Repeal of a conditional repeal of certain depot-level maintenance and

repair laws and a related reporting requirement.

Sec. 318. Extension of authority for naval shipyards and aviation depots to en-

gage in defense-related production and services.

Sec. 319. Realignment of performance of ground communication-electronic

workload.

Subtitle C—Environmental Provisions

Sec. 331. Clarification of authority relating to storage and disposal of non-

defense toxic and hazardous materials on Department of De-

fense property.

Sec. 332. Annual report on payments and activities in response to fines and

penalties assessed under environmental laws.

Sec. 333. Annual report on environmental activities of the Department of De-

fense overseas.

Sec. 334. Membership terms for Strategic Environmental Research and Devel-

opment Program Scientific Advisory Board.

Sec. 335. Additional information on agreements for agency services in support

of environmental technology certification.

Sec. 336. Risk assessments under the Defense Environmental Restoration Pro-

gram.

Sec. 337. Recovery and sharing of costs of environmental restoration at De-

partment of Defense sites.

Sec. 338. Pilot program for the sale of air pollution emission reduction incen-

tives.

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Sec. 339. Tagging system for identification of hydrocarbon fuels used by the

Department of Defense.

Sec. 340. Procurement of recycled copier paper.

Sec. 341. Report on options for the diposal of chemical weapons and agents.

Subtitle D—Commissaries and Nonappropriated FundInstrumentalities

Sec. 351. Funding sources for construction and improvement of commissary

store facilities.

Sec. 352. Integration of military exchange services.


Sec. 361. Advance billings for working-capital funds.

Sec. 362. Center for Excellence in Disaster Management and Humanitarian As-

sistance.

Sec. 363. Administrative actions adversely affecting military training or other

readiness activities.

Sec. 364. Financial assistance to support additional duties assigned to Army

National Guard.

Sec. 365. Sale of excess, obsolete, or unserviceable ammunition and ammunition

components.

Sec. 366. Inventory management.

Sec. 367. Warranty claims recovery pilot program.

Sec. 368. Adjustment and diversification assistance to enhance increased per-

formance of military family support services by private sector

sources.

Sec. 369. Multitechnology automated reader card demonstration program.

Sec. 370. Contracting for procurement of capital assets in advance of availabil-

ity of funds in the working-capital fund financing the procure-

ment.

Sec. 371. Contracted training flight services.

Subtitle F—Sikes Act Improvement

Sec. 381. Short title; references.

Sec. 382. Preparation of integrated natural resources management plans.

Sec. 383. Review for preparation of integrated natural resources management

plans.

Sec. 384. Transfer of wildlife conservation fees from closed military installa-

tions.

Sec. 385. Annual reviews and reports.

Sec. 386. Cooperative agreements.

Sec. 387. Federal enforcement.

Sec. 388. Natural resource management services.

Sec. 389. Definitions.

Sec. 390. Repeal.

Sec. 391. Technical amendments.

Sec. 392. Authorizations of appropriations.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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Sec. 402. Permanent end strength levels to support two major regional contin-

gencies.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. Addition to end strengths for military technicians.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Personnel Management

Sec. 501. Officers excluded from consideration by promotion board.

Sec. 502. Increase in the maximum number of officers allowed to be frocked

to the grade of O–6.

Sec. 503. Availability of Navy chaplains on retired list or of retirement age to

serve as Chief or Deputy Chief of Chaplains of the Navy.

Sec. 504. Period of recall service of certain retirees.

Sec. 505. Increased years of commissioned sevice for mandatory retirement of

regular generals and admirals above major general and rear

admiral.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Termination of Ready Reserve Mobilization Income Insurance Pro-

gram.

Sec. 512. Discharge or retirement of Reserve officers in an inactive status.

Sec. 513. Retention of military technicians in grade of brigadier general after

mandatory separation date.

Sec. 514. Federal status of service by National Guard members as honor

guards at funerals of veterans.

Subtitle C—Education and Training Programs

Sec. 521. Service academies foreign exchange study program.

Sec. 522. Programs of higher education of the Community College of the Air

Force.

Sec. 523. Preservation of entitlement to educational assistance of members of

the Selected Reserve serving on active duty in support of a con-

tingency operation.

Sec. 524. Repeal of certain staffing and safety requirements for the Army

Ranger Training Brigade.

Sec. 525. Flexibility in management of Junior Reserve Officers’ Training

Corps.

Subtitle D—Decorations and Awards

Sec. 531. Clarification of eligibility of members of Ready Reserve for award of

service medal for heroism.

Sec. 532. Waiver of time limitations for award of certain decorations to speci-

fied persons.

Sec. 533. One-year extension of period for receipt of recommendations for deco-

rations and awards for certain military intelligence personnel.

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Sec. 534. Eligibility of certain World War II military organizations for award

of unit decorations.

Sec. 535. Retroactivity of Medal of Honor special pension.

Sec. 536. Cold War service medal.

Subtitle E—Military Personnel Voting Rights


Sec. 542. Guarantee of residency.

Sec. 543. State responsibility to guarantee military voting rights.

Subtitle F—Other Matters

Sec. 551. Sense of Congress regarding study of matters relating to gender eq-

uity in the Armed Forces.

Sec. 552. Commission on Gender Integration in the Military.

Sec. 553. Sexual harassment investigations and reports.

Sec. 554. Requirement for exemplary conduct by commanding officers and

other authorities.

Sec. 555. Participation of Department of Defense personnel in management of

non-Federal entities.

Sec. 556. Technical correction to cross reference in ROPMA provision relating

to position vacancy promotion.

Sec. 557. Grade of defense attache in France.

TITLE VI—COMPENSATION AND OTHER PERSONNELBENEFITS

Subtitle A—Pay

Sec. 601. Military pay raise for fiscal year 1998.

Subtitle B—Subsistence, Housing, and Other Allowances

PART I—REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE

Sec. 611. Revised entitlement and rates.

Sec. 612. Transitional basic allowance for subsistence.

Sec. 613. Effective date and termination of transitional authority.

PART II—REFORM OF HOUSING AND RELATED ALLOWANCES

Sec. 616. Entitlement to basic allowance for housing.

Sec. 617. Rates of basic allowance for housing.

Sec. 618. Dislocation allowance.

Sec. 619. Family separation and station allowances.

Sec. 620. Other conforming amendments.

Sec. 621. Clerical amendment.

Sec. 622. Effective date.

PART III—OTHER AMENDMENTS RELATING TO ALLOWANCES

Sec. 626. Revision of authority to adjust compensation necessitated by reform

of subsistence and housing allowances.

Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.

Subtitle C—Bonuses and Special and Incentive Pays

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Sec. 631. One-year extension of certain bonuses and special pay authorities for

Reserve forces.

Sec. 632. One-year extension of certain bonuses and special pay authorities for

nurse officer candidates, registered nurses, and nurse anes-

thetists.

Sec. 633. One-year extension of authorities relating to payment of other bo-

nuses and special pays.

Sec. 634. Increased amounts for aviation career incentive pay.

Sec. 635. Aviation continuation pay.

Sec. 636. Eligibility of dental officers for the multiyear retention bonus pro-

vided for medical officers.

Sec. 637. Increased special pay for dental officers.

Sec. 638. Modification of Selected Reserve reenlistment bonus authority.

Sec. 639. Modification of authority to pay bonuses for enlistments by prior

service personnel in critical skills in the Selected Reserve.

Sec. 640. Increased special pay and bonuses for nuclear qualified officers.

Sec. 641. Authority to pay bonuses in lieu of special pay for enlisted members

extending duty at designated locations overseas.

Sec. 642. Reserve affiliation agreement bonus for the Coast Guard.

Subtitle D—Retired Pay, Survivor Benefits, and RelatedMatters

Sec. 651. One-year opportunity to discontinue participation in Survivor Benefit

Plan.

Sec. 652. Time for changing survivor benefit coverage from former spouse to

spouse.

Sec. 653. Paid-up coverage under Survivor Benefit Plan.

Sec. 654. Annuities for certain military surviving spouses.


Sec. 661. Eligibility of Reserves for benefits for illness, injury, or death in-

curred or aggravated in line of duty.

Sec. 662. Travel and transportation allowances for dependents before approval

of a member’s court-martial sentence.

Sec. 663. Eligibility of members of the uniformed services for reimbursement

of adoption expenses.

Sec. 664. Subsistence of members of the Armed Forces above the poverty level.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Waiver of deductibles, copayments, and annual fees for members as-

signed to certain duty locations far from sources of care.

Sec. 702. Payment for emergency health care overseas for military and civilian

personnel of the On-Site Inspection Agency.

Sec. 703. Disclosures of cautionary information on prescription medications.

Sec. 704. Health care services for certain Reserves who served in Southwest

Asia during the Persian Gulf War.

Sec. 705. Collection of dental insurance premiums.

Sec. 706. Dental insurance plan coverage for retirees of uniformed service in

the Public Health Service and NOAA.

Sec. 707. Prosthetic devices for dependents.

Sec. 708. Sense of Congress regarding quality health care for retirees.

Sec. 709. Chiropractic Health Care Demonstration program.

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Sec. 710. Authority for agreement for use of medical resource facility,

Alamagordo, New Mexico.

Sec. 711. Study concerning the provision of comparative information.

Subtitle B—Uniformed Services Treatment Facilities

Sec. 731. Implementation of designated provider agreements for uniformed

services treatment facilities.

Sec. 732. Limitation on total payments.

Sec. 733. Continued acquisition of reduced-cost drugs.

Subtitle C—Persian Gulf Illnesses


Sec. 752 Plan for health care services for Persian Gulf veterans

Sec. 753. Improved medical tracking system for members deployed overseas in

contingency or combat operations.

Sec. 754. Report on plans to track location of members in a theater of oper-

ations.

Sec. 755. Report on plans to improve detection and monitoring of chemical, bio-

logical, and environmental hazards in a theater of operations.

Sec. 756. Notice of use of drugs unapproved for their intended usage.

Sec. 757. Report on effectiveness of research efforts regarding Gulf War ill-

nesses.

Sec. 758. Persian Gulf illness clinical trials program.

TITLE VIII—ACQUISITION POLICY, ACQUISITIONMANAGEMENT, AND RELATED MATTERS

Subtitle A—Amendments to General Contracting Authorities,Procedures, and Limitations

Sec. 801. Streamlined approval requirements for contracts under international

agreements.

Sec. 802. Restriction on undefinitized contract actions.

Sec. 803. Expansion of authority to cross fiscal years to all severable service

contracts not exceeding a year.

Sec. 804. Limitation on allowability of compensation for certain contractor per-

sonnel.

Sec. 805. Increased price limitation on purchases of right-hand drive vehicles.

Sec. 806. Conversion of defense capability preservation authority to Navy ship-

building capability preservation authority.

Sec. 807. Elimination of certification requirement for grants.

Sec. 808. Repeal of limitation on adjustment of shipbuilding contracts.

Sec. 809. Blanket waiver of certain domestic source requirements for foreign

countries with certain cooperative or reciprocal relationships

with the United States.

Subtitle B—Contract Provisions

Sec. 811. Contractor guarantees of major systems.

Sec. 812. Vesting of title in the United States under contracts paid under

progress payment arrangements or similar arrangements.

Subtitle C—Acquisition Assistance Programs

Sec. 821. Procurement technical assistance programs.

Sec. 822. One-year extension of Pilot Mentor-Protege Program.

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Sec. 823. Test program for negotiation of comprehensive subcontracting plans.

Sec. 824. Price preference for small and disadvantaged businesses.

Subtitle D—Administrative Provisions

Sec. 831. Retention of expired funds during the pendency of contract litigation.

Sec. 832. Protection of certain information from disclosure.

Sec. 833. Content of limited selected acquisition reports.

Sec. 834. Unit cost reports.

Sec. 835. Central Department of Defense point of contact for contracting infor-

mation.


Sec. 841. Defense business combinations.

Sec. 842. Lease of nonexcess property of Defense Agencies.

Sec. 843. Promotion rate for officers in an Acquisition Corps.

Sec. 844. Use of electronic commerce in Federal procurement.

Sec. 845. Conformance of policy on performance based management of civilian

acquisition programs with policy established for defense acqui-

sition programs.

Sec. 846. Modification of process requirements for the solutions-based contact-

ing pilot program.

Sec. 847. Two-year extension of applicability of fulfillment standards for de-

fense acquisition workforce training requirements.

Sec. 848. Department of Defense and Federal Prison Industries joint study.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATIONAND MANAGEMENT

Sec. 901. Principal duty of Assistant Secretary of Defense for Special Oper-

ations and Low Intensity Conflict.

Sec. 902. Professional military education schools.

Sec. 903. Use of CINC Initiative Fund for force protection.

Sec. 904. Transfer of TIARA programs.

Sec. 905. Senior Representative of the National Guard Bureau.

Sec. 906. Center for Hemispheric Defense Studies.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authority for obligation of certain unauthorized fiscal year 1997 de-

fense appropriations.

Sec. 1003. Authorization of prior emergency supplemental appropriations for

fiscal year 1997.

Sec. 1004. Increased transfer authority for fiscal year 1996 authorizations.

Sec. 1005. Biennial financial management strategic plan.

Sec. 1006. Revision of authority for Fisher House Trust Funds.

Sec. 1007. Availability of certain fiscal year 1991 funds for payment of con-

tract claim.

Sec. 1008. Estimates and requests for procurement and military construction

for the reserve components.

Sec. 1009. Cooperative threat reduction programs and related Department of

Energy programs.

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Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Long-term charter of vessel for surveillance towed array sensor pro-

gram.

Sec. 1012. Procedures for sale of vessels stricken from the Naval Vessel Reg-

ister.

Sec. 1013. Transfers of naval vessels to certain foreign countries.

Subtitle C—Counter-Drug Activities

Sec. 1021. Authority to provide additional support for counter-drug activities of

Mexico.

Sec. 1022. Authority to provide additional support for counter-drug activities of

Peru and Colombia.

Subtitle D—Reports and Studies

Sec. 1031. Repeal of reporting requirements.

Sec. 1032. Common measurement of operations tempos and personnel tempos.

Sec. 1033. Report on overseas deployment.

Sec. 1034. Report on military readiness requirements of the Armed Forces.

Sec. 1035. Assessment of cyclical readiness posture of the Armed Forces.

Sec. 1036. Overseas infrastructure requirements.

Sec. 1037. Report on aircraft inventory.

Sec. 1038. Disposal of excess materials.

Sec. 1039. Review of former spouse protections.

Sec. 1040. Additional matters for annual report on activities of the General Ac-

counting Office.

Sec. 1041. Eye safety at small arms firing ranges.

Sec. 1042. Report on policies and programs to promote healthy lifestyles among

members of the Armed Forces and their dependents.

Sec. 1043. Report on policies and practices relating to the protection of mem-

bers of the Armed Forces abroad from terrorist attack.

Sec. 1044. Report on Department of Defense family notification and assistance

procedures in cases of military aviation accidents.

Sec. 1045. Report on Helsinski Joint Statement.

Sec. 1046. Assessment of the Cuban threat to United States national security.

Sec. 1047. Fire protection and hazardous materials protection at Fort Meade,

Maryland.

Sec. 1048. Report to Congress assessing dependence on foreign sources for cer-

tain resistors and capacitors.


Sec. 1051. Psychotherapist-patient privilege in the Military Rules of Evidence.

Sec. 1052. National Guard Civilian Youth Opportunities Pilot Program.

Sec. 1053. Protection of Armed Forces personnel during peace operations.

Sec. 1054. Limitation on retirement or dismantlement of strategic nuclear de-

livery systems.

Sec. 1055. Acceptance and use of landing fees for use of overseas military air-

fields by civil aircraft.

Sec. 1056. One-year extension of international nonproliferation initiative.

Sec. 1057. Arms control implementation and assistance for facilities subject to

inspection under the Chemical Weapons Convention.

Sec. 1058. Sense of Senate regarding the relationship between environmental

laws and United States obligations under the Chemical Weap-

ons Convention.

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Sec. 1059. Sense of Congress regarding funding for reserve component mod-

ernization not requested in the annual budget request.

Sec. 1060. Authority of Secretary of Defense to settle claims relating to pay,

allowances, and other benefits

Sec. 1061. Coordination of access of commanders and deployed units to intel-

ligence collected and analyzed by the intelligence community.

Sec. 1062. Protection of imagery, imagery intelligence, and geospatial informa-

tion and data.

Sec. 1063. Protection of air safety information voluntarily provided by a char-

ter air carrier.

Sec. 1064. Sustainment and operation of Global Positioning System.

Sec. 1065. Law enforcement authority for special agents of the Defense Crimi-

nal Investigative Service.

Sec. 1066. Repeal of requirement for continued operation of the Naval Acad-

emy dairy farm.

Sec. 1067. POW/MIA intelligence analysis.

Sec. 1068. Protection of employees from retaliation for certain disclosures of

classified information.

Sec. 1069. Applicability of certain pay authorities to members of the Commis-

sion on Servicemembers and Veterans Transition Assistance.

Sec. 1070. Transfer of B–17 aircraft to museum.

Sec. 1071. Five-year extension of aviation insurance program.

Sec. 1072. Treatment of military flight operations.

Sec. 1073. Naturalization of foreign nationals who served honorably in the

Armed Forces of the United States.

Sec. 1074. Designation of Bob Hope as honorary veteran.

Sec. 1075. Criminal prohibition on the distribution of certain information relat-

ing to explosives, destructive devices, and weapons of mass de-

struction.

Sec. 1076. Prohibition on provision of burial benefits to individuals convicted

of Federal capital offenses.

Sec. 1077. National POW/MIA Recognition Day.

Sec. 1078. Donation of excess Army chapel property to churches damaged or

destroyed by arson or other acts of terrorism.

Sec. 1079. Report on the command selection process for District Engineers of

the Army Corps of Engineers.

Sec. 1080. GAO study on certain computers.

Sec. 1081. Claims by members of the Armed Forces for loss of personal prop-

erty due to flooding in the Red River Basin.

Sec. 1082. Defense burdensharing.

Sec. 1083. Sense of the Senate regarding a follow-on force for Bosnia.

Sec. 1084. Advice to the President and Congress regarding the safety, security,

and reliability of United States nuclear weapons stockpile.

Sec. 1085. Limitation on use of cooperative threat reduction funds for destruc-

tion of chemical weapons.

Sec. 1086. Restrictions on use of humans as experimental subjects in biological

and chemical weapons research.

Sec. 1087. Sense of the Senate regarding expansion of the North Atlantic Trea-

ty Organization.

Sec. 1088. Security, fire protection, and other services at property formerly as-

sociated with Red River Army Depot, Texas.

Sec. 1089. Authority of the Secretary of Defense concerning disposal of assets

under cooperative agreements on air defense in Central Eu-

rope.

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Sec. 1090. Restrictions on quantities of alcoholic beverages available for person-

nel overseas through Department of Defense sources.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIANPERSONNEL

Sec. 1101. Use of prohibited constraints to manage Department of Defense

personnel.

Sec. 1102. Employment of civilian faculty at the Marine Corps University.

Sec. 1103. Extension and revision of voluntary separation incentive pay author-

ity.

Sec. 1104. Repeal of deadline for placement consideration of involuntarily sepa-

rated military reserve technicians.

Sec. 1105. Rate of pay of Department of Defense overseas teacher upon trans-

fer to General Schedule position.

Sec. 1106. Naturalization of employees of the George C. Marshall European

Center for Security Studies.

Sec. 1107. Garnishment and involuntary allotment.

Sec. 1108. Higher education pilot program for the Naval Undersea Warfare

Center.

TITLE XII—FEDERAL CHARTER FOR THE AIR FORCESERGEANTS ASSOCIATION

Sec. 1201. Recognition and grant of Federal charter.

Sec. 1202. Powers.

Sec. 1203. Purposes.

Sec. 1204. Service of process.

Sec. 1205. Membership.

Sec. 1206. Board of directors.

Sec. 1207. Officers.

Sec. 1208. Restrictions.

Sec. 1209. Liability.

Sec. 1210. Maintenance and inspection of books and records.

Sec. 1211. Audit of financial transactions.

Sec. 1212. Annual report.

Sec. 1213. Reservation of right to alter, amend, or repeal charter.

Sec. 1214. Tax-exempt status required as condition of charter.

Sec. 1215. Termination.

Sec. 1216. Definition of State.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS


TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Authority to use certain prior year funds to construct a heliport at

Fort Irwin, California.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

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Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Authorization of military construction project at Pascagoula Naval

Station, Mississippi, for which funds have been appropriated.

Sec. 2206. Increase in authorization for military construction projects at Roo-

sevelt Roads Naval Station, Puerto Rico.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.



Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Authorization of military construction project at McConnell Air

Force Base, Kansas, for which funds have been appropriated.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing planning and design.


Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Clarification of authority relating to fiscal year 1997 project at

Naval Station, Pearl Harbor, Hawaii.

Sec. 2407. Authority to use prior year funds to carry out certain Defense Agen-

cy military construction projects.

Sec. 2408. Modification of authority to carry out fiscal year 1995 projects.

Sec. 2409. Availability of funds for fiscal year 1995 project relating to

relocatable over-the-horizon radar, Naval Station Roosevelt

Roads, Puerto Rico.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATIONSECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

Sec. 2602. Authorization of Army National Guard construction project, aviation

support facility, Hilo, Hawaii, for which funds have been ap-

propriated.

TITLE XXVII—EXPIRATION AND EXTENSION OFAUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1995 projects.


Sec. 2704. Extension of authorization of fiscal year 1993 project.


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Sec. 2706. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and MilitaryFamily Housing Changes

Sec. 2801. Increase in ceiling for minor land acquisition projects.

Sec. 2802. Sale of utility systems of the military departments.

Sec. 2803. Administrative expenses for certain real property transactions.

Sec. 2804. Use of financial incentives for energy savings and water cost sav-

ings.

Sec. 2805. Screening of real property to be conveyed by the Department of De-

fense.

Subtitle B—Land Conveyances

Sec. 2811. Modification of authority for disposal of certain real property, Fort

Belvoir, Virginia.

Sec. 2812. Correction of land conveyance authority, Army Reserve Center, An-

derson, South Carolina.

Sec. 2813. Land conveyance, Hawthorne Army Ammunition Depot, Mineral

County, Nevada.

Sec. 2814. Long-term lease of property, Naples, Italy.

Sec. 2815. Land conveyance, Topsham Annex, Naval Air Station, Brunswick,

Maine.

Sec. 2816. Land conveyance, Naval Weapons Industrial Reserve Plant

No. 464, Oyster Bay, New York.

Sec. 2817. Land conveyance, Charleston Family Housing Complex, Bangor,

Maine.

Sec. 2818. Land conveyance, Ellsworth Air Force Base, South Dakota.

Sec. 2819. Modification of land conveyance authority, Rocky Mountain Arsenal,

Colorado.

Sec. 2820. Land conveyance, Army Reserve Center, Greensboro, Alabama.

Sec. 2821. Land conveyance, Hancock Field, Syracuse, New York.

Sec. 2822. Land conveyance, Havre Air Force Station, Montana, and Havre

Training Site, Montana.

Sec. 2823. Land conveyance, Fort Bragg, North Carolina.

Subtitle C—Other Matters

Sec. 2831. Disposition of proceeds of sale of Air Force Plant No. 78, Brigham

City, Utah.

Sec. 2832. Report on closure and realignment of military bases.

Sec. 2833. Sense of Senate on utilization of savings derived from base closure

process.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONALSECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

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Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activi-

ties.

Sec. 3127. Funds available for all national security programs of the Depart-

ment of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, andLimitations

Sec. 3131. Defense environmental management privatization projects.

Sec. 3132. International cooperative stockpile stewardship programs.

Sec. 3133. Modernization of enduring nuclear weapons complex.

Sec. 3134. Tritium production.

Sec. 3135. Processing, treatment, and disposition of spent nuclear fuel rods

and other legacy nuclear materials at the Savannah River Site.

Sec. 3136. Limitations on use of funds for laboratory directed research and de-

velopment purposes.

Sec. 3137. Permanent authority for transfers of defense environmental manage-

ment funds.

Sec. 3138. Report on remediation under the Formerly Utilized Sites Remedial

Action Program.

Sec. 3139. Tritium production in commercial facilities.

Sec. 3140. Pilot program relating to use of proceeds of disposal or utilization

of certain Department of Energy assets.

Subtitle D—Other Matters

Sec. 3151. Administration of certain Department of Energy activities.

Sec. 3152. Modification and extension of authority relating to appointment of

certain scientific, engineering, and technical personnel.

Sec. 3153. Annual report on plan and program for stewardship, management,

and certification of warheads in the nuclear weapons stockpile.

Sec. 3154. Submittal of biennial waste management reports.

Sec. 3155. Repeal of obsolete reporting requirements.

Sec. 3156. Commission on safeguarding and security of nuclear weapons and

materials at Department of Energy facilities.

Sec. 3157. Modification of authority on commission on maintaining United

States nuclear weapons expertise.

Sec. 3158. Land transfer, Bandelier National Monument.

Sec. 3159. Participation of national security activities in Hispanic outreach ini-

tiative of the Department of Energy.

Sec. 3160. Final settlement of Department of Energy community assistance

payments to Los Alamos County under auspices of Atomic En-

ergy Community Act of 1955.

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Sec. 3161. Designating the Y–12 plant in Oak Ridge, Tennessee as the Na-

tional Prototype Center.

Sec. 3162. Northern New Mexico educational foundation.

Sec. 3163. To authorize appropriations for the Greenville Road Improvement

Project, Livermore, California.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETYBOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE


Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Authority to dispose of certain materials in National Defense Stock-

pile.

Sec. 3304. Return of surplus platinum from the Department of the Treasury.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Sec. 3402. Leasing of certain oil shale reserves.

Sec. 3403. Repeal of requirement to assign Navy officers to Office of Naval Pe-

troleum and Oil Shale Reserves.

TITLE XXXV—PANAMA CANAL COMMISSION

Subtitle A—Authorization of Expenditures From RevolvingFund


Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures only in accordance with treaties.

Subtitle B—Facilitation of Panama Canal Transition

Sec. 3511. Short title; references.

Sec. 3512. Definitions relating to Canal transition.

PART I—TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND

EMPLOYEES

Sec. 3521. Authority for the Administrator of the Commission to accept ap-

pointment as the Administrator of the Panama Canal Author-

ity.

Sec. 3522. Post-Canal transfer personnel authorities.

Sec. 3523. Enhanced authority of Commission to establish compensation of

Commission officers and employees.

Sec. 3524. Travel, transportation, and subsistence expenses for Commission

personnel no longer subject to Federal Travel Regulation.

Sec. 3525. Enhanced recruitment and retention authorities.

Sec. 3526. Transition separation incentive payments.

Sec. 3527. Labor-management relations.

Sec. 3528. Availability of Panama Canal Revolving Fund for severance pay for

certain employees separated by Panama Canal Authority after

Canal Transfer Date.

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PART II—TRANSITION MATTERS RELATING TO OPERATION AND

ADMINISTRATION OF CANAL

Sec. 3541. Establishment of procurement system and board of contract appeals.

Sec. 3542. Transactions with the Panama Canal Authority.

Sec. 3543. Time limitations on filing of claims for damages.

Sec. 3544. Tolls for small vessels.

Sec. 3545. Date of actuarial evaluation of FECA liability.

Sec. 3546. Appointment of notaries public.

Sec. 3547. Commercial services.

Sec. 3548. Transfer from President to Commission of certain regulatory func-

tions relating to employment classification appeals.

Sec. 3549. Enhanced printing authority.

Sec. 3550. Technical and conforming amendments.

TITLE XXXVI—MISCELLANEOUS PROVISIONS

Sec. 3601. Commending Mexico on free and fair elections.

Sec. 3602. Sense of Congress regarding Cambodia.

Sec. 3603. Congratulating Governor Christopher Patten of Hong Kong.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.1

For purposes of this Act, the term ‘‘congressional de-2

fense committees’’ means—3

(1) the Committee on Armed Services and the4

Committee on Appropriations of the Senate; and5

(2) the Committee on National Security and the6

Committee on Appropriations of the House of Rep-7

resentatives.8

DIVISION A—DEPARTMENT OF9

DEFENSE AUTHORIZATIONS10

TITLE I—PROCUREMENT11

Subtitle A—Authorization of12

Appropriations13

SEC. 101. ARMY.14

Funds are hereby authorized to be appropriated for15

fiscal year 1998 for procurement for the Army as follows:16

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(1) For aircraft, $1,394,459,000.1

(2) For missiles, $1,223,851,000.2

(3) For weapons and tracked combat vehicles,3

$1,179,107,000.4

(4) For ammunition, $1,043,202,000.5

(5) For other procurement, $2,903,730,000.6

SEC. 102. NAVY AND MARINE CORPS.7

(a) NAVY.—Funds are hereby authorized to be appro-8

priated for fiscal year 1998 for procurement for the Navy9

as follows:10

(1) For aircraft, $6,482,265,000.11

(2) For weapons, including missiles and tor-12

pedoes, $1,200,393,000.13

(3) For shipbuilding and conversion,14

$8,593,358,000.15

(4) For ammunition for the Navy and Marine16

Corps, $369,797,000.17


(b) MARINE CORPS.—Funds are hereby authorized to19

be appropriated for fiscal year 1998 for procurement for20

the Marine Corps in the amount of $554,806,000.21

SEC. 103. AIR FORCE.22


fiscal year 1998 for procurement for the Air Force as fol-24

lows:25

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(1) For aircraft, $6,048,915,000.1

(2) For missiles, $2,411,241,000.2

(3) For ammunition, $420,784,000.3


SEC. 104. DEFENSE-WIDE ACTIVITIES.5


fiscal year 1998 for Defense-wide procurement in the7

amount of $1,749,285,000.8

SEC. 105. RESERVE COMPONENTS.9


fiscal year 1998 for procurement of aircraft, vehicles, com-11

munications equipment, and other equipment for the re-12

serve components of the Armed Forces as follows:13

(1) For the Army National Guard,14

$100,000,000.15

(2) For the Air National Guard, $186,300,000.16

(3) For the Army Reserve, $40,000,000.17

(4) For the Naval Reserve, $40,000,000.18

(5) For the Air Force Reserve, $246,700,000.19

(6) For the Marine Corps Reserve,20

$40,000,000.21

SEC. 106. DEFENSE INSPECTOR GENERAL.22


fiscal year 1998 for procurement for the Inspector General24

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of the Department of Defense in the amount of1

$1,800,000.2

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.3

There is are hereby authorized to be appropriated for4

fiscal year 1998 the amount of $614,700,000 for—5

(1) the destruction of lethal chemical agents6

and munitions in accordance with section 1412 of7

the Department of Defense Authorization Act, 19868

(50 U.S.C. 1521); and9

(2) the destruction of chemical warfare materiel10

of the United States that is not covered by section11

1412 of such Act.12

SEC. 108. DEFENSE HEALTH PROGRAMS.13


fiscal year 1998 for the Department of Defense for pro-15

curement for carrying out health care programs, projects,16

and activities of the Department of Defense in the total17

amount of $274,068,000.18

SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.19


fiscal year 1998 for the Department of Defense for carry-21

ing out the Defense Export Loan Guarantee Program es-22

tablished under section 2540 of title 10, United States23

Code, in the total amount of $1,231,000.24

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SEC. 110. REDUCTION IN AUTHORIZATION OF APPROPRIA-1

TIONS.2

Notwithstanding any other provision of this Act, the3

aggregate amount of funds available for Department of4

Defense, Army Procurement Advisory and Assistance5

Services shall be reduced by $30,000,000.6

Subtitle B—Army Programs7

SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.8

(a) LIMITATION.—Not more than 25 percent of the9

amounts authorized to be appropriated pursuant to sec-10

tion 101(1), 105(1), or 105(3) for modifications or up-11

grades of helicopters may be obligated before the date that12

is 30 days after the Secretary of the Army submits to the13

congressional defense committees a comprehensive plan14

for the modernization of the Army’s helicopter fleet.15

(b) CONTENT OF PLAN.—The plan required by sub-16

section (a) shall, at a minimum, contain the following:17

(1) A detailed assessment of the Army’s present18

and future helicopter requirements and present and19

future helicopter inventory, including number of air-20

craft, age of aircraft, availability of spare parts,21

flight hour costs, roles and functions assigned to the22

fleet as a whole and to its individual types of air-23

craft, and the mix of active component aircraft and24

reserve component aircraft in the fleet.25

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(2) Estimates and analysis of requirements and1

funding proposed for procurement of new aircraft.2

(3) An analysis of the requirements for and3

funding proposed for extended service plans or serv-4

ice life extension plans for fleet aircraft.5

(4) A plan for retiring aircraft no longer re-6

quired or capable of performing assigned functions,7

including a discussion of opportunities to eliminate8

older aircraft models and to focus future funding on9

current or future generation aircraft.10

(5) The implications of the plan for the defense11

industrial base.12

(c) FUNDING IN FUTURE-YEARS DEFENSE PRO-13

GRAM.—The Secretary of the Army shall include in the14

plan required by subsection (a) a certification that the15

plan is to be funded in the future-years defense program16

submitted to Congress in 1998 pursuant to section 221(a)17

of title 10, United States Code.18

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–19

64D LONGBOW APACHE FIRE CONTROL20

RADAR.21

Beginning with the fiscal year 1998 program year,22

the Secretary of the Army may, in accordance with section23

2306b of title 10, United States Code, enter into a24

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multiyear procurement contract for the procurement of1

the AH–64D Longbow Apache fire control radar.2

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR3

FAMILY OF MEDIUM TACTICAL VEHICLES.4

Beginning with the fiscal year 1998 program year,5

the Secretary of the Army may, in accordance with section6

2306b of title 10, United States Code, enter into a7

multiyear procurement contract for the procurement of ve-8

hicles of the Family of Medium Tactical Vehicles. The con-9

tract may be for a term of four years and include an op-10

tion to extend the contract for one additional year.11

Subtitle C—Navy Programs12

SEC. 121. NEW ATTACK SUBMARINE PROGRAM.13

(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—14

Of the amounts authorized to be appropriated by section15

102(a)(3) for fiscal year 1998, $2,599,800,000 is available16

for the New Attack Submarine Program.17

(b) CONTRACT AUTHORITY.—(1) The Secretary of18

the Navy may enter into a contract for the procurement19

of four submarines under the New Attack Submarine pro-20

gram.21

(2) Any contract entered into under paragraph (1)—22

(A) shall, notwithstanding section 2304(k) of23

title 10, United States Code, be awarded to one of24

the two eligible shipbuilders as the prime contractor25

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on the condition that the prime contractor enter into1

one or more subcontracts (under such prime con-2

tract) with the other of the two eligible shipbuilders3

as contemplated in the New Attack Submarine4

Team Agreement; and5

(B) shall provide for—6

(i) construction of the first submarine in7

fiscal year 1998; and8

(ii) advance construction and advance pro-9

curement of materiel for the second, third, and10

fourth submarines in fiscal year 1998.11

(3) The following shipbuilders are eligible for a con-12

tract under this subsection:13

(A) The Electric Boat Corporation.14

(B) The Newport News Shipbuilding and Dry-15

dock Company.16

(4) In paragraph (2)(A), the term ‘‘New Attack Sub-17

marine Team Agreement’’ means the agreement known as18

the Team Agreement between Electric Boat Corporation19

and Newport News Shipbuilding and Drydock Company,20

dated February 25, 1997, that was submitted to Congress21

by the Secretary of the Navy on March 31, 1997.22

(c) LIMITATION OF LIABILITY.—If a contract entered23

into under this section is terminated, the United States24

shall not be liable for termination costs in excess of the25

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total amount appropriated for the New Attack Submarine1

program.2

(d) REPEALS OF SUPERSEDED PROVISIONS OF PRE-3

VIOUS DEFENSE AUTHORIZATION LAWS.—(1) Section4

131 of the National Defense Authorization Act for Fiscal5

Year 1996 (Public Law 104–106; 110 Stat. 206) is6

amended—7

(A) in subsection (a)(1)(B)—8

(i) in clause (i), by striking out ‘‘, which9

shall be built by Electric Boat Division’’; and10

(ii) in clause (ii), by striking out ‘‘, which11

shall be built by Newport News Shipbuilding’’;12

and13

(B) in subsection (b), by striking out paragraph14

(1).15

(2) Section 121 of the National Defense Authoriza-16

tion Act for Fiscal Year 1997 (Public Law 104–201; 11017

Stat. 2441) is amended—18

(A) in subsection (a)—19

(i) in paragraph (1)(B), by striking out ‘‘to20

be built by Electric Boat Division’’; and21

(ii) in paragraph (1)(C), by striking out22

‘‘to be built by Newport News Shipbuilding’’;23

(B) in subsection (d), by striking out paragraph24

(2);25

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(C) in subsection (e), by striking out paragraph1

(1); and2

(D) in subsection (g), by striking out ‘‘the com-3

mittees specified in subsection (e)(1)’’ in paragraphs4

(3) and(4) and inserting in lieu thereof ‘‘the Com-5

mittee on Armed Services of the Senate and the6

Committee on National Security of the House of7

Representatives’’.8

(e) INAPPLICABILITY OF SUPERSEDED ASPECTS OF9

ATTACK SUBMARINE DEVELOPMENT PLAN.—The Sec-10

retary of Defense and the Secretary of the Navy are not11

required to carry out the portions of the program plan12

submitted under subsection (c) of section 131 of the Na-13

tional Defense Authorization Act for Fiscal Year 199614

that are included in the plan pursuant to subparagraphs15

(A), (B), and (E) of paragraph (2) of such subsection.16

SEC. 122. NUCLEAR AIRCRAFT CARRIER PROGRAM.17

(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—18

Of the amounts authorized to be appropriated by section19

102(a)(3) for fiscal year 1998, $345,000,000 is available20

for the procurement and construction of nuclear and non-21

nuclear components for the CVN–77 nuclear aircraft car-22

rier program. The Secretary of the Navy is authorized to23

enter into a contract or contracts with the shipbuilder for24

the procurement and construction of such components.25

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(b) AMOUNTS AUTHORIZED FROM RDT&E AC-1

COUNT.—Of the amounts authorized to be appropriated2

by section 201(2) for fiscal year 1998, $35,000,000 is3

available for research, development, test, and evaluation4

of technologies that have potential for use in the CVN–5

77 nuclear aircraft carrier program.6

(c) LIMITATION OF COSTS.—(1) The Secretary of the7

Navy shall structure the procurement of CVN–77 nuclear8

aircraft carrier and manage the program so that the9

CVN–77 may be acquired for an amount not to exceed10

$4,600,000,000.11

(2) The Secretary of the Navy may adjust the12

amount set forth in paragraph (1) for the program by the13

following amounts:14

(A) The amounts of outfitting costs and post-15

delivery costs incurred for the program.16

(B) The amounts of increases or decreases in17

costs attributable to economic inflation after Sep-18

tember 30, 1997.19

(C) The amounts of increases or decreases in20

costs attributable to compliance with changes in21

Federal, State, or local laws enacted after Septem-22

ber 30, 1997.23

(D) The amounts of increases or decreases in24

costs of the program that are attributable to new25

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technology built into the CVN–77 aircraft carrier, as1

compared to the technology built into the baseline2

design of the CVN–76 aircraft carrier.3

(E) The amounts of increases or decreases in4

costs resulting from changes the Secretary proposes5

in the funding plan of the Smart Buy proposal on6

which the projected savings are based.7

(3) The Secretary of the Navy shall submit to the8

congressional defense committees annually, at the same9

time as the submission of the budget under section10

1105(a) of title 31, United States Code, any changes in11

the amount set forth in paragraph (1) that he has deter-12

mined to be associated with costs referred to in paragraph13

(2).14

SEC. 123. EXCEPTION TO COST LIMITATION FOR SEAWOLF15

SUBMARINE PROGRAM.16

In the application of the limitation in section 133(a)17

of the National Defense Authorization Act for Fiscal Year18

1996 (Public Law 104–106; 110 Stat. 211), there shall19

not be taken into account $745,700,000 of the amounts20

that were appropriated for procurement of Seawolf class21

submarines before the date of the enactment of this Act22

(that amount having been appropriated for fiscal years23

1990, 1991, and 1992 for the procurement of SSN–23,24

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SSN–24, and SSN–25 Seawolf class submarines, which1

have been canceled).2

SEC. 124. AIRBORNE SELF-PROTECTION JAMMER PRO-3

GRAM.4

(a) LIMITATION ON RESUMPTION OF SERIAL PRO-5

DUCTION.—Serial production of the airborne self-protec-6

tion jammer may not be resumed until the Director of7

Operational Test and Evaluation of the Department of8

Defense has certified in writing to Congress that—9

(1) the capabilities of the airborne self-protec-10

tion jammer exceed the capabilities of the integrated11

defensive electronics countermeasure system that is12

under development for use in F/A–18E/F aircraft;13

(2) the units of the airborne self-protection14

jammer to be produced are to be used in F/A–18E/15

F aircraft; and16

(3) the deficiencies in the airborne self-protec-17

tion jammer noted by the Director before the date18

of the enactment of this Act have been eliminated.19

(b) LIMITATION ON OBLIGATION OF FUNDS.—No20

funds authorized to be appropriated by this or any other21

Act may be obligated for serial production of the airborne22

self-protection jammer until the Secretary of Defense has23

certified in writing to Congress that funding is pro-24

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grammed for serial production of the airborne self-protec-1

tion jammer in the future-years defense program.2

Subtitle D—Air Force Programs3

SEC. 131. B–2 BOMBER AIRCRAFT PROGRAM.4

(a) PROHIBITION.—None of the funds authorized to5

be appropriated in this or any other Act may be used—6

(1) to procure any additional B–2 bomber air-7

craft; or8

(2) to maintain any part of the bomber indus-9

trial base solely for the purpose of preserving the op-10

tion to procure additional B–2 bomber aircraft in11

the future.12

(b) EXCEPTIONS.—The prohibition in subsection (a)13

does not apply to—14

(1) any B–2 bomber aircraft that is covered by15

a contract for the production of that aircraft as of16

the date of the enactment of this Act; or17

(2) any part of the bomber industrial base that18

is necessary for producing all B–2 bomber aircraft19

referred to in paragraph (1), but only for so long as20

is necessary to complete the production of such air-21

craft.22

SEC. 132. ALR RADAR WARNING RECEIVERS.23

(a) COST AND OPERATION EFFECTIVENESS ANALY-24

SIS.—The Secretary of the Air Force shall conduct a cost25

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and operation effectiveness analysis of upgrading the1

ALR69 radar warning receiver as compared with the fur-2

ther acquisition of the ALR56M radar warning receiver.3

(b) SUBMISSION TO CONGRESS.—The Secretary shall4

submit the cost and operation effectiveness analysis to the5

congressional defense committees not later than April 2,6

1998.7

Subtitle E—Other Matters8

SEC. 141. PROHIBITION ON USE OF FUNDS FOR ACQUISI-9

TION OR ALTERATION OF PRIVATE DRY-10

DOCKS.11

(a) PROHIBITION.—None of the funds authorized to12

be appropriated by this or any other Act may be used,13

directly or indirectly, to purchase, lease, upgrade, or mod-14

ify privately-owned drydocks.15

(b) EXCEPTIONS.—The prohibition in subsection (a)16

does not apply to the following:17

(1) Any purchase, lease, upgrade, or modifica-18

tion initiated before the date of the enactment of19

this Act.20

(2) Any installation of state-of-the-art tech-21

nology for a drydock that does not also increase the22

capacity of the drydock.23

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SEC. 142. REPLACEMENT OF ENGINES ON AIRCRAFT DE-1

RIVED FROM BOEING 707 AIRCRAFT.2

(a) ANALYSIS REQUIRED.—The Under Secretary of3

Defense for Acquisition and Technology shall submit to4

the Committee on Armed Services of the Senate and the5

Committee on National Security of the House of Rep-6

resentatives an analysis of the requirements of the Depart-7

ment of Defense for replacing engines on the aircraft of8

the department that are derived from the Boeing 707 air-9

craft and the costs of meeting the requirements.10

(b) CONTENT.—The analysis shall include the follow-11

ing:12

(1) The number of aircraft described in sub-13

section (a) that are in the inventory of the Depart-14

ment of Defense and the number of such aircraft15

that are projected to be in the inventory of the de-16

partment in 5 years, in 10 years, and in 15 years.17

(2) For each type of such aircraft, the esti-18

mated cost of operating the aircraft for each fiscal19

year after fiscal year 1997 and before fiscal year20

2015, taking into account historical patterns of21

usage and projected support costs.22

(3) For each type of such aircraft, the esti-23

mated costs and the benefits of replacing the engines24

on the aircraft, analyzed on the basis of the experi-25

ence under the limited program for replacing the en-26

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gines on RC–135 aircraft that was undertaken dur-1

ing fiscal years 1995, 1996, and 1997.2

(4) The estimated total cost of replacing the en-3

gines pursuant to a program that provides for re-4

placement of the engines on all of the aircraft of one5

type before undertaking the replacement of the en-6

gines on the aircraft of another type, with a higher7

priority being given in turn to each type of aircraft8

in which the replacement of the engines is expected9

to yield the anticipated benefits of replacement fast-10

er.11

(5) Various plans for replacement of engines12

that the Under Secretary considers best on the basis13

of costs and benefits.14

(c) SUBMISSION DEADLINE.—The Under Secretary15

shall submit the report under this section not later than16

March 1, 1998.17

SEC. 143. EXCEPTION TO REQUIREMENT FOR A PARTICU-18

LAR DETERMINATION FOR SALES OF MANU-19

FACTURED ARTICLES OR SERVICES OF ARMY20

INDUSTRIAL FACILITIES OUTSIDE THE21

UNITED STATES.22

Section 4543 of title 10, United States Code, is23

amended—24

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(1) in subsection (a)(5), by inserting ‘‘, except1

in the case of a sale described in subsection (b),’’2

after ‘‘the Secretary of the Army determines’’;3

(2) by redesignating subsections (b), (c), and4

(d) as subsections (c), (d), and (e), respectively; and5

(3) by inserting after subsection (a) the follow-6

ing new subsection (b):7

‘‘(b) EXCEPTION TO REQUIREMENT FOR A PARTICU-8

LAR DETERMINATION.—A determination described in sub-9

section (a)(5) is not necessary under the regulations in10

the case of—11

‘‘(1) a sale of articles to be incorporated into a12

weapon system being procured by the Department of13

Defense; or14

‘‘(2) a sale of services to be used in the manu-15

facture of a weapon system being procured by the16

Department of Defense.’’.17

SEC. 144. NATO JOINT SURVEILLANCE/TARGET ATTACK18

RADAR SYSTEM.19

(a) FUNDING.—Amounts authorized to be appro-20

priated under this title and title II are available for a21

NATO alliance ground surveillance capability that is based22

on the Joint Surveillance/Target Attack Radar System of23

the United States, as follows:24

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(1) Of the amount authorized to be appro-1

priated under section 101(5), $26,153,000.2







(b) AUTHORITY.—(1) Subject to paragraph (2), the9

Secretary of Defense may utilize authority under section10

2350b of title 10, United States Code, for contracting for11

the purposes of Phase I of a NATO Alliance Ground Sur-12

veillance capability that is based on the Joint Surveillance/13

Target Attack Radar System of the United States, not-14

withstanding the condition in such section that the author-15

ity be utilized for carrying out contracts or obligations in-16

curred under section 27(d) of the Arms Export Control17

Act (22 U.S.C. 2767(d)).18

(2) The authority under paragraph (1) applies during19

the period that the conclusion of a cooperative project20

agreement for a NATO Alliance Ground Surveillance ca-21

pability under section 27(d) of the Arms Export control22

Act is pending, as determined by the Secretary of Defense.23

(c) MODIFICATION OF AIR FORCE AIRCRAFT.—24

Amounts available pursuant to paragraphs (2) and (4) of25

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subsection (a) may be used to provide for modifying two1

Air Force Joint Surveillance/Target Attack Radar System2

production aircraft to have a NATO Alliance Ground Sur-3

veillance capability that is based on the Joint Surveillance/4

Target Attack Radar System of the United States.5

TITLE II—RESEARCH, DEVELOP-6

MENT, TEST, AND EVALUA-7

TION8


Appropriations10

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.11

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds12

are hereby authorized to be appropriated for fiscal year13

1998 for the use of the Department of Defense for re-14

search, development, test, and evaluation as follows:15

(1) For the Army, $4,750,462,000.16

(2) For the Navy, $7,812,972,000.17

(3) For the Air Force, $14,302,264,000.18

(4) For Defense-wide activities,19

$10,087,347,000, of which—20

(A) $268,183,000 is authorized for the ac-21

tivities of the Director, Test and Evaluation;22

and23

(B) $31,384,000 is authorized for the Di-24

rector of Operational Test and Evaluation.25

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(b) AVAILABILITY OF FUNDS FOR COUNTER-LAND-1

MINE TECHNOLOGIES.—Of the amounts available in sec-2

tion 201(4) for demining acitivity, the Secretary of De-3

fense may utilize $2,000,000 for the following activities:4

(1) The development of technologies for detect-5

ing, locating, and removing abandoned landmines.6

(2) The operation of a test and evaluation facil-7

ity at the Nevada Test Site, Nevada, for the testing8

of the performance of such technologies.9

Subtitle B—Program Require-10

ments, Restrictions, and Limita-11

tions12

SEC. 211. JOINT STRIKE FIGHTER PROGRAM.13

(a) REPORT.—Not later than February 15, 1998, the14

Secretary of Defense shall submit to the congressional de-15

fense committees a report on the options for the sequence16

in which the variants of the joint strike fighter are to be17

produced and fielded.18

(b) CONTENT OF REPORT.—The report shall contain19

the following:20

(1) A review of the plan for production under21

the Joint Strike Fighter program that was used by22

the Department of Defense for developing the fund-23

ing estimates for the fiscal year 1999 budget request24

for the Department of Defense.25

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(2) An estimate of the costs, and an analysis of1

the costs and benefits, of producing the joint strike2

fighter variants in a sequence that provides for field-3

ing of the naval variant of the aircraft first.4

(3) A comparison of the costs and benefits of5

the various options for the sequence for fielding the6

variants of the joint strike fighter that the Secretary7

of Defense considers likely to be the options from8

among which a sequence for fielding is selected, in-9

cluding a discussion of the effects that selection of10

each such option would have on the costs and rates11

of production of the units of F/A–18E/F and F–2212

aircraft that are in production when the Joint Strike13

Fighter Program proceeds into production.14

(c) LIMITATION ON USE OF FUNDS PENDING SUB-15

MISSION OF REPORT.—Not more than 90 percent of the16

total amount authorized to be appropriated under this Act17

for the Joint Strike Fighter Program may be obligated18

until the date that is 30 days after the date on which the19

congressional defense committees receive the report re-20

quired under this section.21

(d) FISCAL YEAR 1998 BUDGET DEFINED.—In this22

section, the term ‘‘fiscal year 1999 budget request for the23

Department of Defense’’ means the budget estimates for24

the Department of Defense for fiscal year 1999 that were25

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submitted to Congress by the Secretary of Defense in con-1

nection with the submission of the budget for fiscal year2

1998 to Congress under section 1105 of title 31, United3

States Code.4

SEC. 212. F–22 AIRCRAFT PROGRAM.5

(a) LIMITATION ON TOTAL COST OF ENGINEERING6

AND MANUFACTURING DEVELOPMENT.—The total7

amount obligated or expended for engineering and manu-8

facturing development under the F–22 aircraft program9

may not exceed $18,688,000,000.10

(b) LIMITATION ON TOTAL COST OF PRODUCTION.—11

The total amount obligated or expended for the F–22 pro-12

duction program may not exceed $43,000,000,000.13

(c) LIMITATION ON OBLIGATION OF FUNDS.—Of the14

total amount authorized to be appropriated for the F–2215

aircraft program for a fiscal year, not more than 90 per-16

cent of the amount may be obligated until the Comptroller17

General submits to Congress—18

(1) the report required to be submitted in that19

fiscal year under subsection (c); and20

(2) a certification that the Comptroller General21

has had access to sufficient information to make in-22

formed judgments on the matters covered by the re-23

port.24

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(d) ANNUAL GAO REVIEW.—(1) Not later than De-1

cember 1 of each year, the Comptroller General shall re-2

view the F–22 aircraft program and submit to Congress3

a report on the results of the review. The Comptroller4

General shall also submit to Congress for each report a5

certification regarding whether the Comptroller General6

has had access to sufficient information to make informed7

judgments on the matters covered by the report.8

(2) The report submitted on the program each year9

shall include the following:10

(A) The extent to which engineering and manu-11

facturing development under the program is meeting12

the goals established for engineering and manufac-13

turing development under the program.14

(B) The status of costs, testing, and modifica-15

tions.16

(C) The plan for engineering and manufactur-17

ing development (leading to production) under the18

program for the fiscal year that begins in the follow-19

ing year.20

(D) A conclusion regarding whether the plan21

referred to in subparagraph (C) can be successfully22

carried out consistent with the limitation in sub-23

section (a).24

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(E) A conclusion regarding whether engineering1

and manufacturing development (leading to produc-2

tion) under the program is likely to be completed at3

a total cost not in excess of the amount specified in4

subsection (a).5

(3) The Comptroller General shall submit the first6

report under this subsection not later than December 1,7

1997. No report is required under this subsection after8

engineering and manufacturing development under the9

program has been completed.10

(e) REQUIREMENT TO SUPPORT ANNUAL GAO RE-11

VIEW.—The Secretary of the Air Force and the prime con-12

tractor under the F–22 aircraft program shall provide the13

Comptroller General with such information on the pro-14

gram as the Comptroller considers necessary to carry out15

the responsibilities under subsection (d).16

SEC. 213. HIGH ALTITUDE ENDURANCE UNMANNED VEHI-17

CLE PROGRAM.18

(a) LIMITATION ON TOTAL COST OF ADVANCED19

CONCEPT TECHNOLOGY DEMONSTRATION.—(1) The total20

amount obligated or expended for advanced concept tech-21

nology demonstration under the High Altitude Endurance22

Unmanned Vehicle Program through fiscal year 2003 may23

not exceed $476,826,000.24

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(2) The total amount obligated or expended in fiscal1

year 1999, 2000, 2001, or 2002 for advanced concept2

technology demonstration under the High Altitude Endur-3

ance Unmanned Vehicle Program may not exceed the4

amount specified for that fiscal year, as follows:5

(A) In fiscal year 1999, not more than6

$167,864,000.7

(B) In fiscal year 2000, not more than8

$31,374,000.9

(C) In fiscal year 2001, not more than10

$19,106,000.11

(D) In fiscal year 2002, not more than12

$20,866,000.13

(b) LIMITATION ON ACQUISITION.—No high altitude14

endurance unmanned vehicle may be acquired after the15

date of the enactment of this Act until 50 percent of the16

testing programmed in the test and evaluation master plan17

(as of such date) for the high altitude endurance un-18

manned vehicle has been completed.19

(c) LIMITATION ON PROCEEDING.—The High Alti-20

tude Endurance Unmanned Vehicle Program may not pro-21

ceed beyond advanced concept technology demonstration22

until the Comptroller General has certified to Congress23

that the high altitude endurance unmanned vehicles can24

be produced under the program at an average unit cost25

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that does not exceed $10,000,000 (the so-called fly away1

price) in fiscal year 1994 constant dollars.2

(d) GAO REVIEW.—(1) The Comptroller General3

shall review the High Altitude Endurance Unmanned Ve-4

hicle Program for purposes of making the certification5

under subsection (c).6

(2) The Secretary of Defense and the prime contrac-7

tors under the High Altitude Endurance Unmanned Vehi-8

cle Program shall provide the Comptroller General with9

such information on the program as the Comptroller con-10

siders necessary to make the determinations required for11

the certification under subsection (c).12

SEC. 214. ADVANCED ANTI-RADIATION GUIDED MISSILE13

PROGRAM.14

To the extent provided in appropriations Acts, the15

Secretary of the Navy may use not more than16

$25,000,000 of the amount appropriated for the Navy for17

fiscal year 1997 for research, development, test, evaluation18

for the Advanced Anti-Radiation Guided Missile Program19

in order to fund fiscal year 1998 research, development,20

test, and evaluation programs of the Navy that have a21

higher priority than such program.22

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SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOP-1

MENT CENTERS.2

(a) LIMITATION ON STAFF YEARS FUNDED.—Not3

more than 6,206 staff years of technical effort (staff4

years) may be funded for federally funded research and5

development centers out of the funds authorized to be ap-6

propriated for the Department of Defense for fiscal year7

1998.8

(b) ALLOCATIONS AMONG CENTERS.—(1) Not later9

than 60 days after the date of the enactment of this Act,10

the Secretary of Defense shall submit to the congressional11

defense committees a report that specifies the number of12

staff years of technical effort that is to be allocated (for13

funding as described in subsection (a)) to each defense14

federally funded research and development center for fis-15

cal year 1998.16

(2) After the submission of the report on allocation17

of staff years of technical effort under paragraph (1), the18

Secretary of Defense may not reallocate more than 5 per-19

cent of the staff years of technical effort allocated to a20


cal year 1998 from that center to other federally funded22

research and development centers until 30 days after the23

date on which the Secretary has submitted a justification24

for the reallocation to the congressional defense commit-25

tees.26

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(c) FISCAL YEAR 1999 ALLOCATION.—(1) The Sec-1

retary of Defense shall submit to the congressional defense2

committees a report that specifies the number of staff3

years of technical effort that is to be allocated to each4


cal year 1999 for funding out of the funds authorized to6

be appropriated for the Department of Defense for that7

fiscal year.8

(2) The report shall be submitted at the same time9

that the President submits the budget for fiscal year 199910

to Congress under section 1105 of title 31, United States11

Code.12

(c) STAFF YEAR DEFINED.—In this section, the term13

‘‘staff year of technical effort’’ means 1,810 hours of paid14

effort by direct and consultant labor performing profes-15

sional-level technical work primarily in the fields of studies16

and analysis, system engineering and integration, systems17

planning, program and policy planning and analyses, and18

basic and applied research.19

SEC. 216. GOAL FOR DUAL-USE SCIENCE AND TECHNOLOGY20

PROJECTS.21

(a) GOALS.—(1) Subject to paragraph (3), it shall22

be the objective of the Secretary of each military depart-23

ment to obligate for dual-use projects in each fiscal year24

referred to in paragraph (2), out of the total amount au-25

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thorized to be appropriated for such fiscal year for new1

projects initiated under the applied research programs of2

the military department, the percent of such amount that3

is specified for that fiscal year in paragraph (2).4

(2) The objectives for fiscal years under paragraph5

(1) are as follows:6

(A) For fiscal year 1998, 5 percent.7

(B) For fiscal year 1999, 7 percent.8

(C) For fiscal year 2000, 10 percent.9

(3) The Secretary of Defense may establish for a10

military department for a fiscal year an objective different11

from the objective set forth in paragraph (2) if the12

Secretary—13

(A) determines that compelling national secu-14

rity considerations require the establishment of the15

different objective; and16

(2) notifies Congress of the determination and17

the reasons for the determination.18

(b) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO-19

GRAMS.—(1) The Secretary of Defense shall designate a20

senior official in the Office of the Secretary of Defense21

to carry out responsibilities for dual-use programs under22

this subsection. The designated official shall report di-23

rectly to the Under Secretary of Defense for Acquisition24

and Technology.25

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(2) The primary responsibilities of the designated of-1

ficial shall include developing policy and overseeing the es-2

tablishment of, and adherence to, procedures for ensuring3

that dual-use programs are initiated and administered ef-4

fectively and that applicable commercial technologies are5

integrated into current and future military systems.6

(3) In carrying out the responsibilities, the des-7

ignated official shall ensure that—8

(A) dual-use projects are consistent with the9

joint warfighting science and technology plan re-10

ferred to in section 270 of the National Defense Au-11

thorization Act for Fiscal Year 1997 (Public Law12

104–201; 10 U.S.C. 2501 note); and13

(B) the dual-use projects of the military depart-14

ments and defense agencies of the Department of15

Defense are coordinated and avoid unnecessary du-16

plication.17

(c) FINANCIAL COMMITMENT OF NON-FEDERAL18

GOVERNMENT PARTICIPANTS.—The total amount of19

funds provided by a military department for a dual-use20

project entered into by the Secretary of that department21

shall not exceed 50 percent of the total cost of the project.22

The Secretary may consider in-kind contributions by non-23

Federal participants for dual-use projects for the purpose24

of calculating the share of project costs that has been or25

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is being undertaken by such participants only to the extent1

provided in regulations issued pursuant to section2

2511(c)(2) of title 10, United States Code.3

(d) USE OF COMPETITIVE PROCEDURES.—Funds ob-4

ligated for a dual-use project may be counted toward meet-5

ing an objective under subsection (a) only if the funds are6

obligated for a contract, grant, cooperative agreement, or7

other transaction that was entered into through the use8

of competitive procedures.9

(e) REPORT.—(1) Not later than January 31 of each10

of 1998, 1999, and 2000, the Secretary of Defense shall11

submit a report to the congressional defense committees12

on the progress made by the Department of Defense in13

meeting the objectives set forth in subsection (a) during14

the preceding fiscal year.15

(2) The report for a fiscal year shall contain, at a16

minimum, the following:17

(A) The aggregate value of all contracts,18

grants, cooperative agreements, or other trans-19

actions entered into during the fiscal year for which20

funding is counted toward meeting an objective21

under this section, expressed in relationship to the22

total amount appropriated for the applied research23

programs in the Department of Defense for that fis-24

cal year.25

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(B) For each military department, the value of1

all contracts, grants, cooperative agreements, or2

other transactions entered into during the fiscal year3

for which funding is counted toward meeting an ob-4

jective under this section, expressed in relationship5

to the total amount appropriated for the applied re-6

search program of the military department for that7

fiscal year.8

(C) A summary of the cost-sharing arrange-9

ments in dual-use projects that were initiated during10

the fiscal year and are counted toward reaching an11

objective under this section.12

(D) A description of the regulations, directives,13

or other procedures that have been issued by the14

Secretary of Defense or the Secretary of a military15

department to increase the percentage of the total16

value of the dual-use projects undertaken to meet or17

exceed an objective under this section.18

(E) Any recommended legislation to facilitate19

achievement of objectives under this section.20

(f) REPEAL OF SUPERSEDED AUTHORITY.—Section21

203 of the National Defense Authorization Act for Fiscal22

Year 1997 (Public Law 104–201; 110 Stat. 2451) is re-23

pealed.24

(g) DEFINITIONS.—In this section:25

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(1) The term ‘‘applied research program’’1

means a program of a military department which is2

funded under the 6.2 Research, Development, Test3

and Evaluation account of that department.4

(2) The term ‘‘dual-use project’’ means a5

project under a program of a military department or6

a defense agency under which research or develop-7

ment of a dual-use technology is carried out and the8

costs of which are shared by the Department of De-9

fense and non-Government entities.10

SEC. 217. TRANSFERS OF AUTHORIZATIONS FOR11

COUNTERPROLIFERATION SUPPORT PRO-12

GRAM.13

(a) IN GENERAL.—In addition to the transfer author-14

ity provided in section 1001, upon determination by the15

Secretary of Defense that such action is necessary in the16

national interest, the Secretary may transfer amounts of17

authorizations made available to the Department of De-18

fense in this division for fiscal year 1998 to19

counterproliferation programs, projects, and activities20

identified as areas for progress by the21

Counterproliferation Program Review Committee estab-22

lished by section 1605 of the National Defense Authoriza-23

tion Act for Fiscal Year 1994 (22 U.S.C. 2751 note).24

Amounts of authorizations so transferred shall be merged25

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with and be available for the same purposes as the author-1

ization to which transferred.2

(b) LIMITATIONS.—(1) The total amount of author-3

izations transferred under the authority of this section4

may not exceed $50,000,000.5

(2) The authority provided by this section to transfer6

authorizations—7

(A) may only be used to provide authority for8

items that have a higher priority than the items9

from which authority is transferred; and10

(B) may not be used to provide authority for an11

item that has been denied authorization by Con-12

gress.13

(c) EFFECT OF TRANSFERS ON ACCOUNTS.—A14

transfer made from one account to another under the au-15

thority of this section shall be deemed to increase the16

amount authorized for the account to which the amount17

is transferred by an amount equal to the amount trans-18

ferred.19

(d) CONGRESSIONAL NOTIFICATION.—The Secretary20

of Defense shall promptly notify Congress of transfers21

made under the authority of this section.22

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SEC. 218. KINETIC ENERGY TACTICAL ANTI-SATELLITE1

TECHNOLOGY PROGRAM.2

(a) FUNDING.—Of the funds authorized to be appro-3

priated under section 201(4), $80,000,000 shall be avail-4

able for the kinetic energy tactical anti-satellite technology5

program.6

(b) LIMITATION.—None of the funds authorized to7

be appropriated to the Department of Defense for fiscal8

year 1998 for program element 65104D, relating to tech-9

nical studies and analyses, may be obligated or expended10

until the funds specified in subsection (a) have been re-11

leased to the program manager of the tactical kinetic en-12

ergy anti-satellite technology program for implementation13

of that program.14

SEC. 219. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT15

PROGRAM.16

(a) FUNDING.—Of the amount authorized to be ap-17

propriated under section 201(3), $50,000,000 shall be18

available for the Clementine 2 micro-satellite near-earth19

asteroid interception mission.20

(b) LIMITATION.—Of the funds authorized to be ap-21

propriated pursuant to this Act in program element22

64480F for the Global Positioning System Block IIF sat-23

ellite system, not more than $35,000,000 may be obligated24

until the Secretary of Defense certifies to Congress that25

the Secretary has made available for obligation the funds26

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appropriated pursuant to subsection (a) for the purpose1

specified in that subsection.2

SEC. 220. BIOASSAY TESTING OF VETERANS EXPOSED TO3

IONIZING RADIATION DURING MILITARY4

SERVICE.5

(a) NUCLEAR TEST PERSONNEL PROGRAM.—Of the6

amount provided in section 201(4), $300,000 shall be7

available for testing described in subsection (b) in support8

of the Nuclear Test Personnel Program conducted by the9

Defense Special Weapons Agency.10

(b) COVERED TESTING.—Subsection (a) applies to11

the third phase of bioassay testing of individuals who are12

radiation-exposed veterans (as defined in section13

1112(c)(3)(A) of title 38, United States Code) who par-14

ticipated in radiation-risk activities (as defined in such15

paragraph).16

(c) COLLECTION OF SAMPLES.—The appropriate de-17

partment or agency shall collect the required bioassay18

samples, at the request of a veteran who participated in19

the United States atmospheric nuclear testing or the occu-20

pation of Hiroshima and Nagasaki, Japan, and forward21

them to Brookhaven National Laboratory, under the ap-22

propriate chain of custody.23

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SEC. 221. DOD/VA COOPERATIVE RESEARCH PROGRAM.1

Of the amount authorized to be appropriated by sec-2

tion 201(4), $15,000,000 shall be available for the DOD/3

VA Cooperative Research Program. The Secretary of De-4

fense shall be the executive agent for the funds authorized5

under this section.6

SEC. 222. MULTITECHNOLOGY INTEGRATION IN MIXED-7

MODE ELECTRONICS.8

(a) AMOUNT FOR PROGRAM.—Of the amount author-9

ized to be appropriated under section 201(4), $7,000,00010

is available for Multitechnology Integration in Mixed-Mode11

Electronics.12

(b) ADJUSTMENTS TO AUTHORIZATIONS OF APPRO-13

PRIATIONS.—(1) The amount authorized to be appro-14

priated under section 201(4) is hereby increased by15

$7,000,000.16

(2) The amount authorized to be appropriated under17

section 101(5) and available for special equipment for user18

testing is reduced by $7,000,000.19

SEC. 223. FACIAL RECOGNITION TECHNOLOGY PROGRAM.20

(a) AVAILABILITY OF FUNDS.—(1) Notwithstanding21

any other provision of this Act, the amount authorized to22

be appropriated by section 201(4) is hereby increased by23

$5,000,000.24

(2) Funds available under the section referred to in25

paragraph (1) as a result of the increase in the authoriza-26

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tion of appropriations made by that paragraph may be1

available for a facial recognition technology program. The2

Secretary shall use competitive procedures in selecting3

participants for the program.4

(b) OFFSET.—Notwithstanding any other provision5

of this Act, the amount authorized to be appropriated by6

section 201(1) is hereby decreased by $5,000,000.7

Subtitle C—Ballistic Missile8

Defense Programs9

SEC. 225. NATIONAL MISSILE DEFENSE PROGRAM.10

(a) PROGRAM STRUCTURE.—To preserve the option11

of achieving an initial operational capability in fiscal year12

2003, the Secretary of Defense shall ensure that the Na-13

tional Missile Defense Program is structured and pro-14

grammed for funding so as to support a test, in fiscal year15

1999, of an integrated national missile defense system16

that is representative of the national missile defense sys-17

tem architecture that could achieve initial operational ca-18

pability in fiscal year 2003.19

(b) ELEMENTS OF NMD SYSTEM.—The national20

missile defense system architecture specified in subsection21

(a) shall consist of the following elements:22

(1) An interceptor system that optimizes defen-23

sive coverage of the continental United States, Alas-24

ka, and Hawaii against limited ballistic missile at-25

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tack (whether accidental, unauthorized, or delib-1

erate).2

(2) Ground-based radars.3

(3) Space-based sensors.4

(4) Battle management, command, control, and5

communications (BM/C3).6

(c) PLAN FOR NMD SYSTEM DEVELOPMENT AND7

DEPLOYMENT.—Not later than February 15, 1998, the8

Secretary of Defense shall submit to the congressional de-9

fense committees a plan for the development and deploy-10

ment of a national missile defense system that could11

achieve initial operational capability in fiscal year 2003.12

The plan shall include the following matters:13

(1) A detailed description of the system archi-14

tecture selected for development.15

(2) A discussion of the justification for the se-16

lection of that particular architecture.17

(3) The Secretary’s estimate of the amounts of18

the appropriations that would be necessary for re-19

search, development, test, evaluation, and for pro-20

curement for each of fiscal years 1999 through 200321

in order to achieve an initial operational capability22

of the system architecture in fiscal year 2003.23

(4) For each activity necessary for the develop-24

ment and deployment of the national missile defense25

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system architecture selected by the Secretary that1

would at some point conflict with the terms of the2

ABM Treaty, if any—3

(A) a description of the activity;4

(B) a description of the point at which the5

activity would conflict with the terms of the6

ABM Treaty;7

(C) the legal analysis justifying the Sec-8

retary’s determination regarding the point at9

which the activity would conflict with the terms10

of the ABM Treaty; and11

(D) an estimate of the time at which such12

point would be reached in order to achieve a13

test of an integrated missile defense system in14

fiscal year 1999 and initial operational capabil-15

ity of such a system in fiscal year 2003.16

(d) FUNDING FOR FISCAL YEAR 1998.—Of the funds17

authorized to be appropriated under section 201(4),18

$978,091,000 shall be available for the national missile19

defense program.20

(e) ABM TREATY DEFINED.—In this section, the21

term ‘‘ABM Treaty’’ means the Treaty Between the22

United States of America and the Union of Soviet Social-23

ist Republics on the Limitation of Anti-Ballistic Missile24

Systems, signed at Moscow on May 26, 1972, and includes25

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the Protocol to that treaty, signed at Moscow on July 3,1

1974.2

SEC. 226. REVERSAL OF DECISION TO TRANSFER PROCURE-3

MENT FUNDS FROM THE BALLISTIC MISSILE4

DEFENSE ORGANIZATION.5

(a) TRANSFERS REQUIRED.—The Secretary of De-6

fense shall—7

(1) transfer to appropriations available to the8

Ballistic Missile Defense Organization for procure-9

ment for fiscal year 1998 the amounts that were10

transferred to accounts of the Army, Navy, Air11

Force, and Marine Corps pursuant to Program12

Budget Decision 224C3, signed by the Under Sec-13

retary of Defense (Comptroller) on December 23,14

1996; and15

(2) ensure that, in the future-years defense pro-16

gram, the procurement funding covered by that pro-17

gram budget decision is programmed for appropria-18

tions accounts of the Ballistic Missile Defense Orga-19

nization rather than appropriations accounts of the20

Armed Forces.21

(b) RELATIONSHIP TO OTHER TRANSFER AUTHOR-22

ITY.—The transfer authority provided in subsection (a) is23

in addition to the transfer authority provided in section24

1001.25

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Subtitle D—Other Matters1

SEC. 231. MANUFACTURING TECHNOLOGY PROGRAM.2

Section 2525(c)(2) of title 10, United States Code,3

is amended to read as follows:4

‘‘(2) In order to promote increased dissemination and5

use of manufacturing technology throughout the national6

defense technology and industrial base, the Secretary shall7

seek, to the maximum extent practicable, the participation8

of manufacturers of manufacturing equipment in the9

projects under the program.’’.10

SEC. 232. USE OF MAJOR RANGE AND TEST FACILITY IN-11

STALLATIONS BY COMMERCIAL ENTITIES.12

(a) EXTENSION OF AUTHORITY.—Subsection (g) of13

section 2681 of title 10, United States Code, is amended14

by striking out ‘‘1998’’ and inserting in lieu thereof15

‘‘2001’’.16

(b) ADDITIONAL REPORTING REQUIREMENT.—Sub-17

section (h) of such section is amended—18

(1) by striking out ‘‘REPORT.—’’ and inserting19

in lieu thereof ‘‘REPORTS.—(1)’’; and20

(2) by adding at the end the following:21

‘‘(2) Not later than February 15, 1998, the Secretary22

of Defense shall submit to the Committee on Armed Serv-23

ices of the Senate and the Committee on National Security24

of the House of Representatives a report identifying exist-25

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ing and proposed procedures to ensure that the use of1

Major Range and Test Facility Installations by commer-2

cial entities does not compete with private sector test and3

evaluation services.’’.4

(c) REPEAL OF REPORTING REQUIREMENTS WHEN5

EXECUTED.—Effective on October 1, 1998, subsection (h)6

of such section is repealed.7

SEC. 233. ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL8

PROGRAM TO STIMULATE COMPETITIVE RE-9

SEARCH.10

Section 257 of the National Defense Authorization11

Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is amend-12

ed by adding at the end the following:13

‘‘(f) STATE DEFINED.—In this section, the term14

‘State’ means a State of the United States, the District15

of Columbia, Puerto Rico, Guam, the Virgin Islands of16

the United States, American Samoa, and the Common-17

wealth of the Northern Mariana Islands.’’.18

SEC. 234. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC19

PARTNERSHIP PROGRAM ORGANIZATIONS.20

(a) NATIONAL OCEAN RESEARCH LEADERSHIP21

COUNCIL.—Section 7902 of title 10, United States Code,22

is amended—23

(1) in subsection (b)—24

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(A) by striking out paragraphs (11), (14),1

(15), (16) and (17); and2

(B) by redesignating paragraphs (12) and3

(13) as paragraphs (11) and (12), respectively;4

(2) by striking out subsection (d); and5

(3) by redesignating subsections (e), (f), (g),6

(h), and (i) as subsections (d), (e), (f), (g), and (h),7

respectively.8

(b) OCEAN RESEARCH ADVISORY PANEL.—(1) Sec-9

tion 7903(a) of such title is amended by striking out ‘‘gov-10

ernment, academia, and industry’’ and inserting in lieu11

thereof ‘‘State governments, academia, and ocean indus-12

tries’’.13

(2) Section 282(c) of the National Defense Author-14

ization Act for Fiscal Year 1997 (Public Law 104–201;15

110 Stat. 2473) is amended by striking out ‘‘January 1,16

1997’’ and inserting in lieu thereof ‘‘January 1, 1998’’.17

(c) CONFORMING AMENDMENTS.—Section 282 of the18

National Defense Authorization Act for Fiscal Year 199719

is amended—20

(1) by striking out subsection (b); and21

(2) by redesignating subsections (c), (d), (e),22

and (f) as subsections (b), (c), (d), and (e), respec-23

tively.24

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(d) EFFECTIVE DATE.—The amendments made by1

subsection (a) and (b) shall be effective as of September2

23, 1996, as if included in section 282 of Public3

Law 104–201.4

SEC. 235. DEMONSTRATION PROGRAM ON EXPLOSIVES DE-5

MILITARIZATION TECHNOLOGY.6

(a) PROGRAM REQUIRED.—During fiscal year 1998,7

the Secretary of Defense may conduct an alternative tech-8

nology explosive munitions demilitarization demonstration9

program in accordance with this section.10

(b) COMMERCIAL BLAST CHAMBER TECHNOLOGY.—11

Under the demonstration program, the Secretary shall12

demonstrate the use of existing, commercially available13

blast chamber technology for incineration of explosive mu-14

nitions as an alternative to the open burning, open pit det-15

onation of such munitions.16

(c) COMPETITIVE PROCEDURES.—The Secretary17

shall use competitive procedures in selecting participants18

for the demonstration program described in subsection19

(b).20

(d) ASSESSMENT.—The Secretary shall assess the21

relative benefits of the blast chamber technology and the22

open burning, open pit detonation process with respect to23

the levels of emissions and noise resulting from use of the24

respective processes. In addition, the Secretary shall in-25

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clude a cost benefit analysis of this technology generally1

for explosives munitions destruction.2

(e) REPORT.—Not later than the date on which the3

President submits the budget for fiscal year 2000 to Con-4

gress pursuant to section 1105(a) of title 31, United5

States Code, the Secretary of Defense shall submit a re-6

port on the results of the demonstration program to the7

Committee on Armed Services of the Senate and the Com-8

mittee on National Security of the House of Representa-9

tives. The report shall include the Secretary’s assessment10

under subsection (c).11

(f) FUNDING.—(1) Of the amount authorized to be12

appropriated under section 201(4), $6,000,000 is avail-13

able for the demonstration program under this section.14

(2) The amount provided under section 201(4) is15

hereby increased by $6,000,000 for the explosives demili-16

tarization technology program (PE 63104D).17

(3) The amount provided under section 101(5) for18

special equipment for user testing is hereby decreased by19

$6,000,000.20

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TITLE III—OPERATION AND1

MAINTENANCE2


Appropriations4

SEC. 301. OPERATION AND MAINTENANCE FUNDING.5


fiscal year 1998 for the use of the Armed Forces and other7

activities and agencies of the Department of Defense for8

expenses, not otherwise provided for, for operation and9

maintenance, in amounts as follows:10

(1) For the Army, $17,194,284,000.11

(2) For the Navy, $21,681,330,000.12

(3) For the Marine Corps, $2,379,445,000.13

(4) For the Air Force, $18,861,685,000.14

(5) For Defense-wide activities,15

$10,280,838,000.16

(6) For the Army Reserve, $1,212,891,000.17

(7) For the Naval Reserve, $834,711,000.18

(8) For the Marine Corps Reserve,19

$110,366,000.20

(9) For the Air Force Reserve, $1,631,200,000.21

(10) For the Army National Guard,22

$2,288,932,000.23

(11) For the Air National Guard,24

$3,004,282,000.25

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(12) For the Defense Inspector General,1

$136,580,000.2

(13) For the United States Court of Appeals3

for the Armed Forces, $6,952,000.4

(14) For Environmental Restoration, Army,5

$350,337,000.6

(15) For Environmental Restoration, Navy,7

$257,500,000.8

(16) For Environmental Restoration, Air Force,9

$351,900,000.10

(17) For Environmental Restoration, Defense-11

Wide, $25,900,000.12

(18) For Environmental Restoration, Formerly13

Used Defense Sites, $188,300,000.14

(19) For Overseas Contingency Operations,15

$1,467,500,000.16

(20) For Drug Interdiction and Counter-drug17

Activities, Defense-wide, $660,882,000.18

(21) For Medical Programs, Defense,19

$9,954,782,000.20

(22) For Former Soviet Union Threat Reduc-21

tion programs, $322,000,000.22

(23) For Overseas Humanitarian Demining and23

CINC Initiative activities, $40,130,000.24

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(24) For the Kaho’olawe Island Conveyance,1

Remediation, and Environmental Restoration Trust2

Fund, $10,000,000.3

SEC. 302. WORKING-CAPITAL FUNDS.4


fiscal year 1998 for the use of the Armed Forces and other6

activities and agencies of the Department of Defense for7

providing capital for working-capital and revolving funds8

in amounts as follows:9

(1) For the Defense Working-Capital Fund,10

$33,400,000.11

(2) For the National Defense Sealift Fund,12

$516,126,000.13

(3) For the Military Commissary Fund,14

$938,552,000.15

SEC. 303. ARMED FORCES RETIREMENT HOME.16

There is hereby authorized to be appropriated for fis-17

cal year 1998 from the Armed Forces Retirement Home18

Trust Fund the sum of $79,977,000 for the operation of19

the Armed Forces Retirement Home, including the United20

States Soldiers’ and Airmen’s Home and the Naval Home.21

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-22

PILE TRANSACTION FUND.23

(a) TRANSFER AUTHORITY.—To the extent provided24

in appropriations Acts, not more than $150,000,000 is au-25

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thorized to be transferred from the National Defense1

Stockpile Transaction Fund to operation and maintenance2

accounts for fiscal year 1998 in amounts as follows:3

(1) For the Army, $50,000,000.4

(2) For the Navy, $50,000,000.5

(3) For the Air Force, $50,000,000.6

(b) TREATMENT OF TRANSFERS.—Amounts trans-7

ferred under this section—8

(1) shall be merged with, and be available for9

the same purposes and the same period as, the10

amounts in the accounts to which transferred; and11

(2) may not be expended for an item that has12

been denied authorization of appropriations by Con-13

gress.14

(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-15

ITY.—The transfer authority provided in this section is in16

addition to the transfer authority provided in section17

1001.18

SEC. 305. FISHER HOUSE TRUST FUNDS.19


fiscal year 1998, out of funds in Fisher House Trust21

Funds not otherwise appropriated, for the operation and22

maintenance of Fisher houses described in section 2221(d)23

of title 10, United States Code, as follows:24

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(1) The Fisher House Trust Fund, Department1

of the Army, $150,000 for Fisher houses that are lo-2

cated in proximity to medical treatment facilities of3

the Army.4

(2) The Fisher House Trust Fund, Department5

of the Navy, $150,000 for Fisher houses that are lo-6

cated in proximity to medical treatment facilities of7

the Navy.8

SEC. 306. FUNDS FOR OPERATION OF FORT CHAFFEE, AR-9

KANSAS.10

Of the amount authorized for O&M, Army National11

Guard, $6,854,000 may be available for the operation of12

Fort Chaffee, Arkansas.13

Subtitle B—Depot-Level Activities14

SEC. 311. PERCENTAGE LIMITATION ON PERFORMANCE OF15

DEPOT-LEVEL MAINTENANCE OF MATERIEL.16

(a) PERFORMANCE IN NON-GOVERNMENT FACILI-17

TIES.—Subsection (a) of section 2466 of title 10, United18

States Code, is amended to read as follows:19

‘‘(a) PERCENTAGE LIMITATION.—(1) Except as pro-20

vided in paragraph (2), not more than 50 percent of the21

funds made available in a fiscal year to a military depart-22

ment or a Defense Agency for depot-level maintenance and23

repair workload may be used to contract for the perform-24

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ance of such workload in facilities other than Government-1

owned, Government-operated facilities.2

‘‘(2) In the administration of paragraph (1) for fiscal3

years ending before October 1, 1998, the percentage speci-4

fied in that paragraph shall be deemed to be 40 percent.’’.5

(b) TREATMENT OF PERFORMANCE BY PUBLIC-PRI-6

VATE PARTNERSHIP.—Such section is further amended by7

inserting after subsection (a), as amended by subsection8

(a), the following:9

‘‘(b) TREATMENT OF PERFORMANCE BY PUBLIC-PRI-10

VATE PARTNERSHIP.—For the purposes of subsection (a),11

any performance of a depot-level maintenance and repair12

workload by a public-private partnership formed under13

section 2474(b) of this title shall be treated as perform-14

ance of the workload in a Government-owned, Govern-15

ment-operated facility.’’.16

SEC. 312. CENTERS OF INDUSTRIAL AND TECHNICAL EX-17

CELLENCE.18

(a) DESIGNATION AND PURPOSE.—(1) Chapter 14619

of title 10, United States Code, is amended by adding at20

the end the following new section:21

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‘‘§ 2474. Centers of Industrial and Technical Excel-1

lence: designation; public-private2

partnerships3

‘‘(a) DESIGNATION.—(1) The Secretary of Defense4

shall designate each depot-level activity of the military de-5

partments and the Defense Agencies (other than facilities6

recommended for closure or major realignment under the7

Defense Base Closure and Realignment Act of 1990 (part8

A of title XXIX of Public Law 101–510; 10 U.S.C. 26879

note)) as a Center of Industrial and Technical Excellence10

in the recognized core competencies of the activity.11

‘‘(2) The Secretary shall establish a policy to encour-12

age the Secretary of each military department and the13

head of each Defense Agency to reengineer industrial14

processes and adopt best-business practices at their depot-15

level activities in connection with their core competency16

requirements, so as to serve as recognized leaders in their17

core competencies throughout the Department of Defense18

and in the national technology and industrial base (as de-19

fined in section 2491(1) of this title).20

‘‘(3) The Secretary of a military department may21

conduct a pilot program, consistent with applicable re-22

quirements of law, to test any practices referred to in23

paragraph (2) that the Secretary determines could im-24

prove the efficiency and effectiveness of depot-level oper-25

ations, improve the support provided by depot-level activi-26

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ties for the armed forces user of the services of such activi-1

ties, and enhance readiness by reducing the time that it2

takes to repair equipment.3

‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-4

retary of Defense shall enable Centers of Industrial and5

Technical Excellence to form public-private partnerships6

for the performance of depot-level maintenance and repair7

at such centers and shall encourage the use of such part-8

nerships to maximize the utilization of the capacity at9

such Centers.10

‘‘(c) ADDITIONAL WORK.—The policy required under11

subsection (a) shall include measures to enable a private12

sector entity that enters into a partnership arrangement13

under subsection (b) or leases excess equipment and facili-14

ties at a Center of Industrial and Technical Excellence15

pursuant to section 2471 of this title to perform additional16

work at the Center, subject to the limitations outlined in17

subsection (b) of such section, outside of the types of work18

normally assigned to the Center.’’.19

(2) The table of sections at the beginning of such20

chapter is amended by adding at the end the following21

new item:22

‘‘2474. Centers of Industrial and Technical Excellence: designation; public-pri-

vate partnerships.’’.

(b) REPORTING REQUIREMENT.—Not later than23

March 1, 1998, the Secretary of Defense shall submit to24

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Congress a report describing the policies established by1

the Secretary pursuant to section 2474 of title 10, United2

States Code (as added by subsection (a)), to carry out that3

section.4

SEC. 313. CLARIFICATION OF PROHIBITION ON MANAGE-5

MENT OF DEPOT EMPLOYEES BY CON-6

STRAINTS ON PERSONNEL LEVELS.7

Section 2472(a) of title 10, United States Code, is8

amended by striking out the first sentence and inserting9

in lieu thereof the following: ‘‘The civilian employees of10

the Department of Defense, including the civilian employ-11

ees of the military departments and the Defense Agencies,12

who perform, or are involved in the performance of, depot-13

level maintenance and repair workloads may not be man-14

aged on the basis of any constraint or limitation in terms15

of man years, end strength, full-time equivalent positions,16

or maximum number of employees.’’.17

SEC. 314. ANNUAL REPORT ON DEPOT-LEVEL MAINTE-18

NANCE AND REPAIR.19

Subsection (e) of section 2466 of title 10, United20


‘‘(e) REPORT.—(1) Not later than February 1 of each22

year, the Secretary of Defense shall submit to Congress23

a report identifying, for each military department and De-24

fense Agency—25

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S 936 RFH

‘‘(A) the percentage of the funds referred to in1

subsection (a) that were used during the preceding2

fiscal year for performance of depot-level mainte-3

nance and repair workloads in Government-owned,4

Government-operated facilities; and5

‘‘(B) the percentage of the funds referred to in6

subsection (a) that were used during the preceding7

fiscal year to contract for the performance of depot-8

level maintenance and repair workloads in facilities9

that are not owned and operated by the Federal10

Government.11

‘‘(2) Not later than 90 days after the date on which12

the Secretary submits the annual report under paragraph13

(1), the Comptroller General shall submit to the Commit-14

tees on Armed Services and on Appropriations of the Sen-15

ate and the Committees on National Security and on Ap-16

propriations of the House of Representatives the Comp-17

troller’s views on whether the Department of Defense has18

complied with the requirements of subsection (a) for the19

fiscal year covered by the report.’’.20

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SEC. 315. REPORT ON ALLOCATION OF CORE LOGISTICS1

ACTIVITIES AMONG DEPARTMENT OF DE-2

FENSE FACILITIES AND PRIVATE SECTOR FA-3

CILITIES.4

(a) REPORT.—Not later than May 31, 1998, the Sec-5

retary of Defense shall submit to Congress a report on6

the allocation among facilities of the Department of De-7

fense and facilities in the private sector of the logistics8

activities that are necessary to maintain and repair the9

weapon systems and other military equipment identified10

by the Secretary, in consultation with the Joint Chiefs of11

Staff, as being necessary to enable the Armed Forces to12

conduct a strategic or major theater war.13

(b) ELEMENTS.—The report under subsection (a)14

shall set forth the following:15

(1) The systems or equipment identified under16

subsection (a) that must be maintained and repaired17

in Government-owned, Government-operated facili-18

ties, using personnel and equipment of the Depart-19

ment, as a result of the Secretary’s determination20

that—21

(A) the work involves unique or valuable22

workforce skills that should be maintained in23

the public sector in the national interest;24

(B) the base of private sector sources hav-25

ing the capability to perform the workloads in-26

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cludes industry sectors that are vulnerable to1

work stoppages;2

(C) the private sector sources having the3

capability to perform the workloads have insuf-4

ficient workforce levels or skills to perform the5

depot-level maintenance and repair workloads—6

(i) in the quantity necessary, or as7

rapidly as the Secretary considers nec-8

essary, to enable the armed forces to fulfill9

the national military strategy; or10

(ii) without a significant disruption or11

delay in the maintenance and repair of12

equipment;13

(D) the need for performance of workloads14

is too infrequent, cyclical, or variable to sustain15

a reliable base of private sector sources having16

the workforce levels or skills to perform the17

workloads;18

(E) the market conditions or workloads are19

insufficient to ensure that the price of private20

sector performance of the workloads can be con-21

trolled through competition or other means;22

(F) private sector sources are not ade-23

quately responsive to the requirements of the24

Department for rapid, cost-effective, and flexi-25

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ble response to surge requirements or other1

contingency situations, including changes in the2

mix or priority of previously scheduled work-3

loads and reassignment of employees to dif-4

ferent workloads without the requirement for5

additional contractual negotiations;6

(G) private sector sources are less willing7

to assume responsibility for performing the8

workload as a result of the possibility of direct9

military or terrorist attack; or10

(H) private sector sources cannot maintain11

continuity of workforce expertise as a result of12

high rates of employee turnover.13


subsection (a) that must be maintained and repaired15

in Government-owned facilities, whether Government16

operated or contractor-operated, as a result of the17

Secretary’s determination that—18

(A) the work involves facilities, tech-19

nologies, or equipment that are unique and suf-20

ficiently valuable that the facilities, tech-21

nologies, or equipment must be maintained in22

the public sector in the national interest;23

(B) the private sector sources having the24

capability to perform the workloads have insuf-25

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ficient facilities, technology, or equipment to1

perform the depot-level maintenance and repair2

workloads—3

(i) in the quantity necessary, or as4

rapidly as the Secretary considers nec-5

essary, to enable the armed forces to fulfill6

the national military strategy; or7

(ii) without a significant disruption or8

delay in the maintenance and repair of9

equipment; or10

(C) the need for performance of workloads11

is too infrequent, cyclical, or variable to sustain12

a reliable base of private sector sources having13

the facilities, technology, or equipment to per-14

form the workloads.15


subsection (a) that may be maintained and repaired17

in private sector facilities.18

(4) The approximate percentage of the total19

maintenance and repair workload of the Department20

of Defense necessary for the systems and equipment21

identified under subsection (a) that would be per-22

formed at Department of Defense facilities, and at23

private sector facilities, as a result of the determina-24

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tions made for purposes of paragraphs (1), (2), and1

(3).2

SEC. 316. REVIEW OF USE OF TEMPORARY DUTY ASSIGN-3

MENTS FOR SHIP REPAIR AND MAINTE-4

NANCE.5

(a) FINDINGS.—Congress makes the following find-6

ings:7

(1) In order to reduce the time that the crew8

of a naval vessel is away from the homeport of the9

vessel, the Navy seeks to perform ship repair and10

maintenance of the vessel at the homeport of the11

vessel whenever it takes six months or less to accom-12

plish the work involved.13

(2) At the same time, the Navy seeks to distrib-14

ute ship repair and maintenance work among the15

Navy shipyards (known as to ‘‘level load’’) in order16

to more fully utilize personnel resources.17

(3) During periods when a Navy shipyard is not18

utilized to its capacity, the Navy sometimes sends19

workers at the shipyard, on a temporary duty basis,20

to perform ship repairs and maintenance at a home-21

port not having a Navy shipyard.22

(4) This practice is a more efficient use of civil-23

ian employees who might otherwise not be fully em-24

ployed on work assigned to Navy shipyards.25

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(b) GAO REVIEW AND REPORT.—(1) The Comptrol-1

ler General of the United States shall review the Navy’s2

practice of using temporary duty assignments of personnel3

to perform ship maintenance and repair work at4

homeports not having Navy shipyards. The review shall5

include the following:6

(A) An assessment of the rationale, conditions,7

and factors supporting the Navy’s practice.8

(B) A determination of whether the practice is9

cost-effective.10

(C) The factors affecting future requirements11

for, and the adherence to, the practice, together with12

an assessment of the factors.13

(2) Not later than May 1, 1998, the Comptroller Gen-14

eral shall submit a report on the review to the Committee15

on Armed Services of the Senate and the Committee on16

National Security of the House of Representatives.17

SEC. 317. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN18

DEPOT-LEVEL MAINTENANCE AND REPAIR19

LAWS AND A RELATED REPORTING REQUIRE-20

MENT.21


Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.23

247; 10 U.S.C. 2464 note) is amended by striking out sub-24

sections (f) and (g).25

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SEC. 318. EXTENSION OF AUTHORITY FOR NAVAL SHIP-1

YARDS AND AVIATION DEPOTS TO ENGAGE IN2

DEFENSE-RELATED PRODUCTION AND SERV-3

ICES.4

Section 1425(e) of the National Defense Authoriza-5


Stat. 1684) is amended by striking out ‘‘September 30,7

1997’’ and inserting in lieu thereof ‘‘September 30,8

1998’’.9

SEC. 319. REALIGNMENT OF PERFORMANCE OF GROUND10

COMMUNICATION-ELECTRONIC WORKLOAD.11

(a) SENSE OF CONGRESS.—It is the sense of Con-12

gress that the transfer of the ground communication-elec-13

tronic workload to Tobyhanna Army Depot, Pennsylvania,14

in the realignment of the performance of such function15

should be carried out in adherence to the schedule pre-16

scribed for that transfer by the Defense Depot Mainte-17

nance Council on March 13, 1997, as follows:18

(1) Transfer of 20 percent of the workload in19

fiscal year 1998.20


fiscal year 1999.22


fiscal year 2000.24

(b) PROHIBITION.—No provision of this Act that au-25

thorizes or provides for contracting for the performance26

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of a depot-level maintenance and repair workload by a pri-1

vate sector source at a location where the workload was2

performed before fiscal year 1998 shall apply to the work-3

load referred to in subsection (a).4

Subtitle C—Environmental5

Provisions6

SEC. 331. CLARIFICATION OF AUTHORITY RELATING TO7

STORAGE AND DISPOSAL OF NONDEFENSE8

TOXIC AND HAZARDOUS MATERIALS ON DE-9

PARTMENT OF DEFENSE PROPERTY.10

(a) MATERIALS OF MEMBERS AND DEPENDENTS.—11

Subsection (a)(1) of section 2692 of title 10, United12

States Code, is amended by inserting ‘‘or by a member13

of the armed forces (or a dependent of a member) living14

on the installation’’ before the period at the end.15

(b) STORAGE OF MATERIALS CONNECTED WITH16

COMPATIBLE USE.—Subsection (b)(8) of such section is17

amended—18

(1) by striking out ‘‘by a private person’’;19

(2) by striking out ‘‘by that private person of20

an industrial-type’’ and inserting in lieu thereof ‘‘of21

a’’; and22

(3) by striking out ‘‘; and’’ and inserting in lieu23

thereof ‘‘, including a space launch facility located24

on a Department of Defense installation or other25

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land controlled by the United States and a Depart-1

ment of Defense facility for testing materiel or train-2

ing personnel;’’.3

(c) TREATMENT AND DISPOSAL OF MATERIALS CON-4

NECTED WITH COMPATIBLE USE.—Subsection (b)(9) of5

such section is amended—6

(1) by striking out ‘‘by a private person’’;7

(2) by striking out ‘‘commercial use by that8

person of an industrial-type’’ and inserting in lieu9

thereof ‘‘use of a’’;10

(3) by striking out ‘‘with that person’’ and in-11

serting in lieu thereof ‘‘with the prospective user’’;12

and13

(4) in subparagraph (B), by striking out ‘‘for14

that person’s’’ and inserting in lieu thereof ‘‘for the15

prospective user’s’’.16

(d) ADDITIONAL AUTHORITY.—Subsection (b) of17

such section is further amended—18

(1) by striking out the period at the end of19

paragraph (9) and inserting in lieu thereof ‘‘; and’’;20

and21


‘‘(10) the storage of materials that will be used23

in connection with an activity of the Department of24

Defense or in connection with a service performed25

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for the benefit of the Department of Defense or the1

disposal of materials that have been used in such2

connection.’’.3

SEC. 332. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES4

IN RESPONSE TO FINES AND PENALTIES AS-5

SESSED UNDER ENVIRONMENTAL LAWS.6

(a) ANNUAL REPORTS.—Section 2706(b)(2) of title7

10, United States Code, is amended by adding at the end8

the following:9

‘‘(H) A statement of the fines and pen-10

alties imposed or assessed against the Depart-11

ment of Defense under Federal, State, or local12

environmental law during the fiscal year preced-13

ing the fiscal year in which the report is sub-14

mitted, which statement sets forth—15

‘‘(i) each Federal environmental stat-16

ute under which a fine or penalty was im-17

posed or assessed during the fiscal year;18

‘‘(ii) with respect to each such19

statute—20

‘‘(I) the aggregate amount of21

fines and penalties imposed or as-22

sessed during the fiscal year;23

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‘‘(II) the aggregate amount of1

fines and penalties paid during the2

fiscal year;3

‘‘(III) the total amount required4

to meet commitments to environ-5

mental enforcement authorities under6

agreements entered into by the De-7

partment of Defense during the fiscal8

year for supplemental environmental9

projects agreed to in lieu of the pay-10

ment of fines or penalties; and11

‘‘(IV) the number of fines and12

penalties imposed or assessed during13

the fiscal year that were—14

‘‘(aa) $10,000 or less;15

‘‘(bb) more than $10,000,16

but not more than $50,000;17

‘‘(cc) more than $50,000,18

but not more than $100,000; and19

‘‘(dd) more than $100,000;20

and21

‘‘(iii) with respect to each fine or pen-22

alty set forth under clause (ii)(IV)(dd)—23

‘‘(I) the installation or facility to24

which the fine or penalty applies; and25

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‘‘(II) the agency that imposed or1

assessed the fine or penalty.’’.2

(b) REPORT IN FISCAL YEAR 1998.—The statement3

submitted by the Secretary of Defense under subpara-4

graph (H) of section 2706(b)(2) of title 10, United States5

Code, as added by subsection (a), in 1998 shall, to the6

maximum extent practicable, include the information re-7

quired by that subparagraph for each of fiscal years 19948

through 1997.9

SEC. 333. ANNUAL REPORT ON ENVIRONMENTAL ACTIVI-10

TIES OF THE DEPARTMENT OF DEFENSE11

OVERSEAS.12


amended—14

(1) by redesignating subsection (d) as sub-15

section (e); and16

(2) by inserting after subsection (c) the follow-17

ing new subsection (d):18

‘‘(d) REPORT ON ENVIRONMENTAL ACTIVITIES19

OVERSEAS.—(1) The Secretary of Defense shall submit20

to Congress each year, not later than 30 days after the21

date on which the President submits to Congress the22

budget for a fiscal year, a report on the environmental23

activities of the Department of Defense overseas.24

‘‘(2) Each such report shall include the following:25

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‘‘(A) A statement of the funding levels and full-1

time personnel required for the Department of De-2

fense to comply during such fiscal year with each re-3

quirement under a treaty, law, contract, or other4

agreement for environmental restoration or compli-5

ance activities.6

‘‘(B) A statement of the funds to be expended7

by the Department of Defense during such fiscal8

year in carrying out other activities relating to the9

environment overseas, including conferences, meet-10

ings, and studies for pilot programs and travel relat-11

ed to such activities.’’.12

SEC. 334. MEMBERSHIP TERMS FOR STRATEGIC ENVIRON-13

MENTAL RESEARCH AND DEVELOPMENT14

PROGRAM SCIENTIFIC ADVISORY BOARD.15

(a) TERMS.—Section 2904(b)(4) of title 10, United16

States Code, is amended by striking out ‘‘three’’ and in-17

serting in lieu thereof ‘‘not less than two or more than18

four’’.19

(b) APPLICABILITY.—The amendment made by sub-20

section (a) shall apply to appointments to the Strategic21

Environmental Research and Development Program Sci-22

entific Advisory Board made before, on, or after the date23

of enactment of this Act.24

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SEC. 335. ADDITIONAL INFORMATION ON AGREEMENTS1

FOR AGENCY SERVICES IN SUPPORT OF EN-2

VIRONMENTAL TECHNOLOGY CERTIFI-3

CATION.4

(a) ADDITIONAL INFORMATION.—Subsection (d) of5

section 327 of the National Defense Authorization Act for6

Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2483;7

10 U.S.C. 2702 note) is amended by adding at the end8

the following:9

‘‘(5) A statement of the funding that will be re-10

quired to meet commitments made to State and local11

governments under agreements entered into during12

the fiscal year preceding the fiscal year in which the13

report is submitted.14

‘‘(6) A description of any cost-sharing arrange-15

ment under any cooperative agreement entered into16

under this section.’’.17

(b) GUIDELINES FOR REIMBURSEMENT AND COST-18

SHARING.—Not later than 90 days after the date of enact-19

ment of this Act, the Secretary of Defense shall submit20

to Congress a report setting forth the guidelines estab-21

lished by the Secretary for reimbursement of State and22

local governments, and for cost-sharing between the De-23

partment of Defense, such governments, and vendors,24

under agreements entered into under such section 327.25

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SEC. 336. RISK ASSESSMENTS UNDER THE DEFENSE ENVI-1

RONMENTAL RESTORATION PROGRAM.2

(a) IN GENERAL.—In carrying out risk assessments3

as part of the evaluation of facilities of the Department4

of Defense for purposes of allocating funds and establish-5

ing priorities for environmental restoration projects at6

such facilities under the Defense Environmental Restora-7

tion Program, the Secretary of Defense shall—8

(1) utilize a risk assessment method that meets9

the requirements in subsection (b); and10

(2) ensure the uniform and consistent utiliza-11

tion of the risk assessment method in all evaluations12

of facilities under the program.13

(b) RISK ASSESSMENT METHOD.—The risk assess-14

ment method utilized under subsection (a) shall—15

(1) take into account as a separate factor of16

risk—17

(A) the extent to which the contamination18

level of a particular contaminant exceeds the19

permissible contamination level for the contami-20

nant;21

(B) the existence and extent of any popu-22

lation (including human populations and natu-23

ral populations) potentially affected by the con-24

taminant; and25

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(C) the existence and nature of any mecha-1

nism that would cause the population to be af-2

fected by the contaminant; and3

(2) provide appropriately for the significance of4

any such factor in the final determination of risk.5

(c) DEFENSE ENVIRONMENTAL RESTORATION PRO-6

GRAM DEFINED.—In this section, the term ‘‘Defense En-7

vironmental Restoration Program’’ means the program of8

environmental restoration carried out under chapter 1609


SEC. 337. RECOVERY AND SHARING OF COSTS OF ENVIRON-11

MENTAL RESTORATION AT DEPARTMENT OF12

DEFENSE SITES.13

(a) GUIDELINES.—14

(1) IN GENERAL.—The Secretary of Defense15

shall prescribe in regulations guidelines concerning16

the cost-recovery and cost-sharing activities of the17

military departments and defense agencies.18

(2) COVERED MATTERS.—The guidelines pre-19

scribed under paragraph (1) shall—20

(A) establish uniform requirements relat-21

ing to cost-recovery and cost-sharing activities22

for the military departments and defense agen-23

cies;24

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(B) require the Secretaries of the military1

departments and the heads of the defense agen-2

cies to obtain all appropriate data regarding ac-3

tivities of contractors of the Department or4

other private parties responsible for environ-5

mental contamination at Department sites that6

is relevant for purposes of cost-recovery and7

cost-sharing activities;8

(C) require the Secretaries of the military9

departments and the heads of the defense agen-10

cies to use consistent methods in estimating the11

costs of environmental restoration at sites12

under the jurisdiction of such departments and13

agencies for purposes of reports to Congress on14

such costs;15

(D) require the Secretaries of the military16

departments to reduce the amounts requested17

for environmental restoration activities of such18

departments for a fiscal year by the amounts19

anticipated to be recovered in the preceding fis-20

cal year as a result of cost-recovery and cost-21

sharing activities; and22

(E) resolve any unresolved issues regarding23

the crediting of amounts recovered as a result24

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of such activities under section 2703(d) of title1

10, United States Code.2

(b) IMPLEMENTATION OF GUIDELINES.—The Sec-3

retary shall take appropriate actions to ensure the imple-4

mentation of the guidelines prescribed under subsection5

(a), including appropriate requirements to—6

(1) identify contractors of the Department and7

other private parties responsible for environmental8

contamination at Department sites;9

(2) review the activities of contractors of the10

Department and other private parties in order to11

identify negligence or other misconduct in such ac-12

tivities that would preclude Department indemnifica-13

tion for the costs of environmental restoration relat-14

ing to such contamination or justify the recovery or15

sharing of costs associated with such restoration;16

(3) obtain data as provided for under sub-17

section (a)(2)(B); and18

(4) pursue cost-recovery and cost-sharing activi-19

ties where appropriate.20

(c) DEFINITION.—In this section, the term ‘‘cost-re-21

covery and-cost sharing activities’’ means activities22

concerning—23

(1) the recovery of the costs of environmental24

restoration at Department sites from contractors of25

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the Department and other private parties that con-1

tribute to environmental contamination at such sites;2

and3

(2) the sharing of the costs of such restoration4

with such contractors and parties.5

SEC. 338. PILOT PROGRAM FOR THE SALE OF AIR POLLU-6

TION EMISSION REDUCTION INCENTIVES.7

(a) AUTHORITY.—(1) The Secretary of Defense may,8

in consultation with the Administrator of General Serv-9

ices, carry out a pilot program to assess the feasibility and10

advisability of the sale of economic incentives for the re-11

duction of emission of air pollutants attributable to a facil-12

ity of a military department.13

(2) The Secretary may carry out the pilot program14

during the period beginning on October 1, 1997, and end-15

ing on September 30, 1999.16

(b) INCENTIVES AVAILABLE FOR SALE.—(1) Under17

the pilot program, the Secretary may sell economic incen-18

tives for the reduction of emission of air pollutants attrib-19

utable to a facility of a military department only if such20

incentives are not otherwise required for the activities or21

operations of the military department.22

(2) The Secretary may not, under the pilot program,23

sell economic incentives attributable to the closure or re-24

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alignment of a military installation under a base closure1

law.2

(3) If the Secretary determines that additional sales3

of economic incentives are likely to result in amounts4

available for allocation under subsection (c)(2) in a fiscal5

year in excess of the limitation set forth in subparagraph6

(B) of that subsection, the Secretary shall not carry out7

such additional sales in that fiscal year.8

(c) USE OF PROCEEDS.—(1) The proceeds of sale of9

economic incentives attributable to a facility of a military10

department shall be credited to the funds available to the11

facility for the costs of identifying, quantifying, or valuing12

economic incentives for the reduction of emission of air13

pollutants. The amount credited shall be equal to the cost14

incurred in identifying, quantifying, or valuing the eco-15

nomic incentives sold.16

(2)(A)(i) If after crediting under paragraph (1) a bal-17

ance remains, the amount of such balance shall be avail-18

able to the Department of Defense for allocation by the19

Secretary to the military departments for programs,20

projects, and activities necessary for compliance with Fed-21

eral environmental laws, including the purchase of eco-22

nomic incentives for the reduction of emission of air pol-23

lutants.24

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(ii) To the extent practicable, amounts allocated to1

the military departments under this subparagraph shall2

be made available to the facilities that generated the eco-3

nomic incentives providing the basis for the amounts.4

(B) The total amount allocated under this paragraph5

in a fiscal year from sales of economic incentives may not6

equal or exceed $500,000.7

(3) If after crediting under paragraph (1) a balance8

remains in excess of an amount equal to the limitation9

set forth in paragraph (2)(B), the amount of the excess10

shall be covered over into the Treasury as miscellaneous11

receipts.12

(4) Funds credited under paragraph (1) or allocated13

under paragraph (2) shall be merged with the funds to14

which credited or allocated, as the case may be, and shall15

be available for the same purposes and for the same period16

as the funds with which merged.17

(d) DEFINITIONS.—In this section:18

(1) The term ‘‘base closure law’’ means the fol-19

lowing:20

(A) Section 2687 of title 10, United States21

Code.22

(B) Title II of the Defense Authorization23

Amendments and Base Closure and Realign-24

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ment Act (Public Law 100–526; 10 U.S.C.1

2687 note).2

(C) The Defense Base Closure and Re-3

alignment Act of 1990 (part A of title XXIX of4

Public Law 101–510; 10 U.S.C. 2687 note).5

(2) The term ‘‘economic incentives for the re-6

duction of emission of air pollutants’’ means any7

transferable economic incentives (including market-8

able permits and emission rights) necessary or ap-9

propriate to meet air quality requirements under the10

Clean Air Act (42 U.S.C. 7401 et seq.).11

SEC. 339. TAGGING SYSTEM FOR IDENTIFICATION OF HY-12

DROCARBON FUELS USED BY THE DEPART-13

MENT OF DEFENSE.14

(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—15

The Secretary of Defense may conduct a pilot program16

using existing technology to determine—17

(1) the feasibility of tagging hydrocarbon fuels18

used by the Department of Defense for the purposes19

of analyzing and identifying such fuels;20

(2) the deterrent effect of such tagging on the21

theft and misuse of fuels purchased by the Depart-22

ment; and23

(3) the extent to which such tagging assists in24

determining the source of surface and underground25

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pollution in locations having separate fuel storage1

facilities of the Department and of civilian compa-2

nies.3

(b) SYSTEM ELEMENTS.—The tagging system under4

the pilot program shall have the following characteristics:5

(1) The tagging system does not harm the envi-6

ronment.7

(2) Each chemical used in the tagging system8

is—9

(A) approved for use under the Toxic Sub-10

stances Control Act (15 U.S.C. 2601 et seq.);11

and12

(B) substantially similar to the fuel to13

which added, as determined in accordance with14

criteria established by the Environmental Pro-15

tection Agency for the introduction of additives16

into hydrocarbon fuels.17

(3) The tagging system permits a determination18

if a tag is present and a determination if the con-19

centration of a tag has changed in order to facilitate20

identification of tagged fuels and detection of dilu-21

tion of tagged fuels.22

(4) The tagging system does not impair or de-23

grade the suitability of tagged fuels for their in-24

tended use.25

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(c) REPORT.—Not later than 30 days after the com-1

pletion of the pilot program, the Secretary shall submit2

to Congress a report setting forth the results of the pilot3

program and including any recommendations for legisla-4

tion relating to the tagging of hydrocarbon fuels by the5

Department that the Secretary considers appropriate.6

(d) FUNDING.—Of the amounts authorized to be ap-7

propriated under section 301(5) for operation and mainte-8

nance for defense-wide activities, not more than9

$5,000,000 shall be available for the pilot program.10

SEC. 340. PROCUREMENT OF RECYCLED COPIER PAPER.11

(a) REQUIREMENT.—(1) Except as provided in sub-12

section (b), a department or agency of the Department13

of Defense may not procure copying machine paper after14

a date set forth in paragraph (2) unless the percentage15

of post-consumer recycled content of the paper meets the16

percentage set forth with respect to such date in that17

paragraph.18

(2) The percentage of post-consumer recycled content19

of paper required under paragraph (1) is as follows:20

(A) 20 percent as of January 1, 1998.21

(B) 30 percent as of January 1, 1999.22

(C) 50 percent as of January 1, 2004.23

(b) EXCEPTIONS.—A department or agency may pro-24

cure copying machine paper having a percentage of post-25

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consumer recycled content that does not meet the applica-1

ble requirement in subsection (a) if—2

(1) the cost of procuring copying machine paper3

under such requirement would exceed by more than4

7 percent the cost of procuring copying machine5

paper having a percentage of post-consumer recycled6

content that does not meet such requirement;7

(2) copying machine paper having a percentage8

of post-consumer recycled content meeting such re-9

quirement is not reasonably available within a rea-10

sonable period of time;11

(3) copying machine paper having a percentage12

of post-consumer recycled content meeting such re-13

quirement does not meet performance standards of14

the department or agency for copying machine15

paper; or16

(4) in the case of the requirement in paragraph17

(2)(C) of that subsection, the Secretary of Defense18

makes the certification described in subsection (c).19

(c) CERTIFICATION OF INABILITY TO MEET GOAL IN20

2004.—If the Secretary determines that any department21

or agency of the Department will be unable to meet the22

goal specified in subsection (a)(2)(C) by the date specified23

in that subsection, the Secretary shall certify that deter-24

mination to the Committee on Armed Services of the Sen-25

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ate and the Committee on National Security of the House1

of Representatives. The Secretary shall submit such cer-2

tification, if at all, not later than January 1, 2003.3

SEC. 341. REPORT ON OPTIONS FOR THE DISPOSAL OF4

CHEMICAL WEAPONS AND AGENTS.5

(a) REQUIREMENT.—Not later than March 15, 1998,6

the Secretary of Defense shall submit to Congress a report7

on the options available to the Department of Defense for8

the disposal of chemical weapons and agents in order to9

facilitate the disposal of such weapons and agents without10

the construction of additional chemical weapons disposal11

facilities in the continental United States.12

(b) ELEMENTS.—The report shall include the13

following—14

(1) a description of each option evaluated;15

(2) an assessment of the lifecycle costs and16

risks associated with each option evaluated;17

(3) a statement of any technical, regulatory, or18

other requirements or obstacles with respect to each19

option, including with respect to any transportation20

of weapons or agents that is required for the option;21

(4) an assessment of incentives required for22

sites to accept munitions or agents from outside23

their own locales, as well as incentives to enable24

transportation of these items across State lines;25

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(5) an assessment of the cost savings that could1

be achieved through either the application of uni-2

form Federal transportation or safety requirements3

and any other initiatives consistent with the trans-4

portation and safe disposal of stockpile and non-5

stockpile chemical weapons and agents; and6

(6) proposed legislative language necessary to7

implement options determined by the Secretary to be8

worthy of consideration by the Congress.9

Subtitle D—Commissaries and Non-10

appropriated Fund Instrumen-11

talities12

SEC. 351. FUNDING SOURCES FOR CONSTRUCTION AND IM-13

PROVEMENT OF COMMISSARY STORE FACILI-14

TIES.15

(a) ADDITIONAL FUNDING SOURCES.—Section 268516

of title 10, United States Code, is amended—17

(1) by redesignating subsections (b), (c), and18

(d) as subsections (c), (d), and (e), respectively; and19



‘‘(b) FUNDS FOR CONSTRUCTION AND IMPROVE-22

MENTS.—Revenues received by the Department of De-23

fense from the following sources or activities of com-24

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missary store facilities shall be available for the purposes1

set forth in subsections (c), (d), and (e):2

‘‘(1) Adjustments or surcharges authorized by3

subsection (a).4

‘‘(2) Sale of recyclable materials.5

‘‘(3) Sale of excess property.6

‘‘(4) License fees.7

‘‘(5) Royalties.8

‘‘(6) Fees paid by sources of products in order9

to obtain favorable display of the products for resale,10

known as business related management fees.11

‘‘(7) Products offered for sale in commissaries12

under consignment with exchanges, as designated by13

the Secretary of Defense.’’.14

SEC. 352. INTEGRATION OF MILITARY EXCHANGE SERV-15

ICES.16

(a) INTEGRATION REQUIRED.—The Secretaries of17

the military departments shall integrate the military ex-18

change services, including the managing organizations of19

the military exchange services, not later than September20

30, 2000.21

(b) SUBMISSION OF PLAN TO CONGRESS.—Not later22


the Secretaries of the military departments shall submit24

to the Committee on Armed Services of the Senate and25

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the Committee on National Security of the House of Rep-1

resentatives the plan for achieving the integration required2

by subsection (a).3


SEC. 361. ADVANCE BILLINGS FOR WORKING-CAPITAL5

FUNDS.6

(a) RESTRICTION.—Section 2208 of title 10, United7

States Code, is amended—8

(1) by redesignating subsection (k) as sub-9

section (l); and10

(2) by inserting after subsection (j) the follow-11

ing new subsection (k):12

‘‘(k)(1) An advance billing of a customer for a work-13

ing-capital fund is prohibited except as provided in para-14

graph (2).15

‘‘(2) An advance billing of a customer for a working-16

capital fund is authorized if—17

‘‘(A) the Secretary of Defense has submitted to18

the Committees on Armed Services and on Appro-19

priations of the Senate and the Committees on Na-20

tional Security and on Appropriations of the House21

of Representatives a notification of the advance bill-22

ing; and23

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‘‘(B) in the case of an advance billing in an1

amount that exceeds $50,000,000, thirty days have2

elapsed since the date of the notification.3

‘‘(3) A notification of an advance billing of a cus-4

tomer for a working-capital fund that is submitted under5

paragraph (2) shall include the following:6

‘‘(A) The reasons for the advance billing.7

‘‘(B) An analysis of the effects of the advance8

billing on military readiness.9

‘‘(C) An analysis of the effects of the advance10

billing on the customer.11

‘‘(4) The Secretary of Defense may waive the applica-12

bility of this subsection—13

‘‘(A) during a period war or national emer-14

gency; or15

‘‘(B) to the extent that the Secretary deter-16

mines necessary to support a contingency operation.17

‘‘(5) The Secretary of Defense shall submit to the18

committees referred to in paragraph (2) a report on ad-19

vance billings for all working-capital funds whenever the20

aggregate amount of the advance billings for all working-21

capital funds not covered by a notification under that22

paragraph or a report previously submitted under this23

paragraph exceeds $50,000,000. The report shall be sub-24

mitted not later than 30 days after the end of the month25

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in which the aggregate amount first reaches $50,000,000.1

The report shall include, for each customer covered by the2

report, a discussion of the matters described in paragraph3

(3).4

‘‘(6) In this subsection:5

‘‘(A) The term ‘advance billing’, with respect to6

a working-capital fund, means a billing of a cus-7

tomer by the fund, or a requirement for a customer8

to reimburse or otherwise credit the fund, for the9

cost of goods or services provided (or for other ex-10

penses incurred) on behalf of the customer that is11

rendered or imposed before the customer receives the12

goods or before the services have been performed.13

‘‘(B) The term ‘customer’ means a requisition-14

ing component or agency.’’.15

(b) REPORTS ON ADVANCE BILLINGS FOR THE16

DBOF.—Section 2216a(d)(3) of title 10, United States17

Code, is amended—18

(1) in subparagraph (B)(ii), by striking out19

‘‘$100,000,000’’ and inserting in lieu thereof20

‘‘$50,000,000’’; and21


‘‘(D) A report required under subparagraph (B)(ii)23

shall be submitted not later than 30 days after the end24

of the month in which the aggregate amount referred to25

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in that subparagraph reaches the amount specified in that1

subparagraph.’’.2

(c) FISCAL YEAR 1998 LIMITATION.—(1) The total3

amount of advance billings for Department of Defense4

working-capital funds and the Defense Business Oper-5

ations Fund for fiscal year 1998 may not exceed6

$1,000,000,000.7

(2) In paragraph (1), the term ‘‘advance billing’’,8

with respect to the working-capital funds of the Depart-9

ment of Defense and the Defense Business Operations10

Fund, has the same meaning as is provided with respect11

to working-capital funds in section 2208(k)(6) of title 10,12

United States Code (as amended by subsection (a)).13

SEC. 362. CENTER FOR EXCELLENCE IN DISASTER MAN-14

AGEMENT AND HUMANITARIAN ASSISTANCE.15

(a) ESTABLISHMENT.—The Secretary of Defense16

may operate a Center for Excellence in Disaster Manage-17

ment and Humanitarian Assistance at Tripler Army Medi-18

cal Center, Hawaii.19

(b) MISSIONS.—The Secretary of Defense shall speci-20

fy the missions of the Center. The missions shall include21

the following:22

(1) To provide and facilitate education, train-23

ing, and research in civil-military operations, par-24

ticularly operations that require international disas-25

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ter management and humanitarian assistance and1

operations that require interagency coordination.2

(2) To make available high-quality disaster3

management and humanitarian assistance in re-4

sponse to disasters.5

(3) To provide and facilitate education, train-6

ing, interagency coordination, and research on the7

following additional matters:8

(A) Management of the consequences of9

nuclear, biological, and chemical events.10

(B) Management of the consequences of11

terrorism.12

(C) Appropriate roles for the reserve com-13

ponents in the management of such con-14

sequences and in disaster management and hu-15

manitarian assistance in response to natural16

disasters.17

(D) Meeting requirements for information18

in connection with regional and global disasters,19

including use of advanced communications tech-20

nology as a virtual library.21

(E) Tropical medicine, particularly in rela-22

tion to the medical readiness requirements of23

the Department of Defense.24

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(4) To develop a repository of disaster risk indi-1

cators for the Asia-Pacific region.2

(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-3

TION AUTHORIZED.—The Secretary may enter into an4

agreement with appropriate officials of an institution of5

higher education to provide for joint operation of the Cen-6

ter. Any such agreement shall provide for the institution7

to furnish necessary administrative services for the Cen-8

ter, including administration and allocation of funds.9

(d) ACCEPTANCE OF FUNDS.—(1) Except as pro-10

vided in paragraph (2), the Secretary of Defense may, on11

behalf of the Center, accept funds for use to defray the12

costs of the Center or to enhance the operation of the Cen-13

ter from any agency of the Federal Government, any State14

or local government, any foreign government, any founda-15

tion or other charitable organization (including any that16

is organized or operates under the laws of a foreign coun-17

try), or any other private source in the United States or18

a foreign country.19

(2)(A) The Secretary may not accept a gift or dona-20

tion under paragraph (1) if the acceptance of the gift or21

donation, as the case may be, would compromise or appear22

to compromise—23

(i) the ability of the Department of Defense, or24

any employee of the Department, to carry out any25

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responsibility or duty of the Department in a fair1

and objective manner; or2

(ii) the integrity of any program of the Depart-3

ment of Defense or of any official involved in such4

a program.5

(B) The Secretary shall prescribe written guidance6

setting forth the criteria to be used in determining wheth-7

er or not the acceptance of a foreign gift or donation8

would have a result described in subparagraph (A).9

(3) Funds accepted by the Secretary under para-10

graph (1) shall be credited to appropriations available to11

the Department of Defense for the Center. Funds so cred-12

ited shall be merged with the appropriations to which cred-13

ited and shall be available for the Center for the same14

purposes and the same period as the appropriations with15

which merged.16

(e) FUNDING FOR FISCAL YEAR 1998.—Of the funds17

authorized to be appropriated under section 301,18

$5,000,000 shall be available for the Center for Excellence19

in Disaster Management and Humanitarian Assistance.20

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SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY AFFECT-1

ING MILITARY TRAINING OR OTHER READI-2

NESS ACTIVITIES.3

(a) CONGRESSIONAL NOTIFICATION.—Chapter 1014

of title 10, United States Code, is amended by adding at5

the end the following:6

‘‘§ 2014. Administrative actions adversely affecting7

military training or other readiness ac-8

tivities9

‘‘(a) CONGRESSIONAL NOTIFICATION.—Whenever an10

official of an Executive agency takes or proposes to take11

an administrative action that, as determined by the Sec-12

retary of Defense in consultation with the Chairman of13

the Joint Chiefs of Staff, affects training or any other14

readiness activity in a manner that has or would have a15

significant adverse effect on the military readiness of any16

of the armed forces or a critical component thereof, the17

Secretary shall submit a written notification of the action18

and each significant adverse effect to the head of the Ex-19

ecutive agency taking or proposing to take the administra-20

tive action and to the Committee on Armed Services of21

the Senate and the Committee on National Security of the22

House of Representatives and, at the same time, shall23

transmit a copy of the notification to the President.24

‘‘(b) NOTIFICATION TO BE PROMPT.—(1) Subject to25

paragraph (2), the Secretary shall submit a written notifi-26

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cation of an administrative action or proposed administra-1

tive action required by subsection (a) as soon as the Sec-2

retary becomes aware of the action or proposed action.3

‘‘(2) The Secretary shall prescribe policies and proce-4

dures to ensure that the Secretary receives information on5

an administrative action or proposed administrative action6

described in subsection (a) promptly after Department of7

Defense personnel receive notice of such an action or pro-8

posed action.9

‘‘(c) CONSULTATION BETWEEN SECRETARY AND10

HEAD OF EXECUTIVE AGENCY.—Upon notification with11

respect to an administrative action or proposed adminis-12

trative action under subsection (a), the head of the Execu-13

tive agency concerned shall—14

‘‘(1) respond promptly to the Secretary; and15

‘‘(2) consistent with the urgency of the training16

or readiness activity involved and the provisions of17

law under which the administrative action or pro-18

posed administrative action is being taken, seek to19

reach an agreement with the Secretary on immediate20

actions to attain the objective of the administrative21

action or proposed administrative action in a man-22

ner which eliminates or mitigates the impacts of the23

administrative action or proposed administrative ac-24

tion upon the training or readiness activity.25

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‘‘(d) MORATORIUM.—(1) Subject to paragraph (2),1

upon notification with respect to an administrative action2

or proposed administrative action under subsection (a),3

the administrative action or proposed administrative ac-4

tion shall cease to be effective with respect to the Depart-5

ment of Defense until the earlier of—6

‘‘(A) the end of the five-day period beginning7

on the date of the notification; or8

‘‘(B) the date of an agreement between the9

head of the Executive agency concerned and the Sec-10

retary as a result of the consultations under sub-11

section (c).12

‘‘(2) Paragraph (1) shall not apply with respect to13

an administrative action or proposed administrative action14

if the head of the Executive agency concerned determines15

that the delay in enforcement of the administrative action16

or proposed administrative action will pose an actual17

threat of an imminent and substantial endangerment to18

public health or the environment.19

‘‘(e) EFFECT OF LACK OF AGREEMENT.—(1) In the20

event the head of an Executive agency and the Secretary21

do not enter into an agreement under subsection (c)(2),22

the Secretary shall submit a written notification to the23

President who shall take final action on the matter.24

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‘‘(2) Not later than 30 days after the date on which1

the President takes final action on a matter under para-2

graph (1), the President shall submit to the committees3

referred to in subsection (a) a notification of the action.4

‘‘(f) LIMITATION ON DELEGATION OF AUTHORITY.—5

The head of an Executive agency may not delegate any6

responsibility under this section.7

‘‘(g) DEFINITION.—In this section, the term ‘Execu-8

tive agency’ has the meaning given such term in section9

105 of title 5 other than the General Accounting Office.’’.10

(b) CLERICAL AMENDMENT.—The table of sections11

of the beginning of such chapter is amended by adding12

at the end the following:13

‘‘2014. Administrative actions adversely affecting military training or other

readiness activities.’’.

SEC. 364. FINANCIAL ASSISTANCE TO SUPPORT ADDI-14

TIONAL DUTIES ASSIGNED TO ARMY NA-15

TIONAL GUARD.16

(a) AUTHORITY.—Chapter 1 of title 32, United17

States Code, is amended by adding at the end the follow-18

ing:19

‘‘§ 113. Federal financial assistance for support of ad-20

ditional duties assigned to the Army Na-21

tional Guard22

‘‘(a) AUTHORITY.—The Secretary of the Army may23

provide financial assistance to a State to support activities24

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S 936 RFH

carried out by the Army National Guard of the State in1

the performance of duties that the Secretary has assigned,2

with the consent of the Chief of the National Guard Bu-3

reau, to the Army National Guard of the State. The Sec-4

retary shall determine the amount of the assistance that5

is appropriate for the purpose.6

‘‘(b) COVERED ACTIVITIES.—Activities supported7

under this section may include only those activities that8

are carried out by the Army National Guard in the per-9

formance of responsibilities of the Secretary under para-10

graphs (6), (10), and (11) of section 3013(b) of title 10.11

‘‘(c) DISBURSEMENT THROUGH NATIONAL GUARD12

BUREAU.—The Secretary shall disburse any contribution13

under this section through the Chief of the National14

Guard Bureau.15

‘‘(d) AVAILABILITY OF FUNDS.—Funds appropriated16

for the Army for a fiscal year are available for providing17

financial assistance under this section in support of activi-18

ties carried out by the Army National Guard during that19

fiscal year.’’.20


at the beginning of such chapter is amended by adding22


‘‘113. Federal financial assistance for support of additional duties assigned to

the Army National Guard.’’.

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SEC. 365. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE1

AMMUNITION AND AMMUNITION COMPO-2

NENTS.3



ing new section:6

‘‘§ 4687. Sale of excess, obsolete, or unserviceable am-7

munition and ammunition components8

‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—The9

Secretary of the Army may sell ammunition or ammuni-10

tion components that are excess, obsolete, or unserviceable11

and have not been demilitarized to a person eligible under12

subsection (c) if—13

‘‘(1) the purchaser enters into an agreement, in14

advance, with the Secretary—15

‘‘(A) to demilitarize the ammunition or16

components; and17

‘‘(B) to reclaim, recycle, or reuse the com-18

ponent parts or materials; or19

‘‘(2) the Secretary, or an official of the Depart-20

ment of the Army designated by the Secretary, ap-21

proves the use of the ammunition or components22

proposed by the purchaser as being consistent with23

the public interest.24

‘‘(b) METHOD OF SALE.—The Secretary shall use25

competitive procedures to sell ammunition and ammuni-26

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tion components under this section, except that the Sec-1

retary may negotiate a sale in any case in which the Sec-2

retary determines that there is only one potential buyer3

of the items being offered for sale.4

‘‘(c) ELIGIBLE PURCHASERS.—A purchaser of ex-5

cess, obsolete, or unserviceable ammunition or ammunition6

components under this section shall be a licensed manu-7

facturer (as defined in section 921(10) of title 18) that,8

as determined by the Secretary, has a capability to modify,9

reclaim, transport, and either store or sell the ammunition10

or ammunition components purchased.11

‘‘(d) HOLD HARMLESS AGREEMENT.—The Secretary12

shall require a purchaser of ammunition or ammunition13

components under this section to agree to hold harmless14

and indemnify the United States from any claim for dam-15

ages for death, injury, or other loss resulting from a use16

of the ammunition or ammunition components, except in17

a case of willful misconduct or gross negligence of a rep-18

resentative of the United States.19

‘‘(e) VERIFICATION OF DEMILITARIZATION.—The20

Secretary shall establish procedures for ensuring that a21

purchaser of ammunition or ammunition components22

under this section demilitarizes the ammunition or ammu-23

nition components in accordance with any agreement to24

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do so under subsection (a)(1). The procedures shall in-1

clude on-site verification of demilitarization activities.2

‘‘(f) CONSIDERATION.—The Secretary may accept3

ammunition, ammunition components, or ammunition de-4

militarization services as consideration for ammunition or5

ammunition components sold under this section. The fair6

market value of any such consideration shall be equal to7

or exceed the fair market value or, if higher, the sale price8

of the ammunition or ammunition components sold.9

‘‘(g) DISPOSITION OF FUNDS.—Amounts received as10

proceeds of sale of ammunition or ammunition compo-11

nents under this section in any fiscal year shall—12

‘‘(1) be credited to an appropriation available13

for such fiscal year for the acquisition of ammuni-14

tion or ammunition components or to an appropria-15

tion available for such fiscal year for the demili-16

tarization of excess, obsolete, or unserviceable am-17

munition or ammunition components; and18

‘‘(2) shall be available for the same period and19

for the same purposes as the appropriation to which20

credited.21

‘‘(h) RELATIONSHIP TO ARMS EXPORT CONTROL22

ACT.—Nothing in this section shall be construed to affect23

the applicability of section 38 of the Arms Export Control24

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Act (22 U.S.C. 2778) to sales of ammunition or ammuni-1

tion components on the United States Munitions List.2

‘‘(i) DEFINITIONS.—In this section:3

‘‘(1) The term ‘excess, obsolete, or unservice-4

able’, with respect to ammunition or ammunition5

components, means that the ammunition or ammu-6

nition components are no longer necessary for war7

reserves or for support of training of the Army or8

production of ammunition or ammunition compo-9

nents.10

‘‘(2) The term ‘demilitarize’, with respect to11

ammunition or ammunition components—12

‘‘(A) means to destroy the military offen-13

sive or defensive advantages inherent in the am-14

munition or ammunition components; and15

‘‘(B) includes any mutilation, scrapping,16

melting, burning, or alteration that prevents the17

use of the ammunition or ammunition compo-18

nents for the military purposes for which the19

ammunition or ammunition components was de-20

signed or for a lethal purpose.’’.21



at the end the following new item:24

‘‘4687. Sale of excess, obsolete, or unserviceable ammunition and ammunition

components.’’.

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SEC. 366. INVENTORY MANAGEMENT.1

(a) SCHEDULE FOR IMPLEMENTATION OF BEST IN-2

VENTORY PRACTICES AT DEFENSE LOGISTICS AGENCY.—3

(1) The Director of the Defense Logistics Agency shall4

develop and submit to Congress a schedule for implement-5

ing within the agency, for the supplies and equipment de-6

scribed in paragraph (2), inventory practices identified by7

the Director as being the best commercial inventory prac-8

tices for such supplies and equipment consistent with mili-9

tary requirements. The schedule shall provide for the im-10

plementation of such practices to be completed not later11

than three years after date of the enactment of this Act.12

(2) The inventory practices shall apply to the acquisi-13

tion and distribution of medical supplies, subsistence sup-14

plies, clothing and textiles, commercially available elec-15

tronics, construction supplies, and industrial supplies.16

(3) For the purposes of this section, the term ‘‘best17

commercial inventory practice’’ includes a so-called prime18

vendor arrangement and any other practice that the Direc-19

tor determines will enable the Defense Logistics Agency20

to reduce inventory levels and holding costs while improv-21

ing the responsiveness of the supply system to user needs.22

(b) TIME FOR SUBMISSION OF SCHEDULE TO CON-23

GRESS.—The schedule required by this section shall be24

submitted not later than 180 days after the date of the25

enactment of this Act.26

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SEC. 367. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.1

(a) PILOT PROGRAM REQUIRED.—The Secretary of2

Defense may carry out a pilot program to use commercial3

sources of services to improve the collection of Department4

of Defense claims under aircraft engine warranties.5

(b) CONTRACTS.—Exercising authority provided in6

section 3718 of title 31, United States Code, the Secretary7

of Defense may enter into contracts under the pilot pro-8

gram to provide for the following services:9

(1) Collection services.10

(2) Determination of amounts owed the Depart-11

ment of Defense for repair of aircraft engines for12

conditions covered by warranties.13

(3) Identification and location of the sources of14

information that are relevant to collection of Depart-15

ment of Defense claims under aircraft engine war-16

ranties, including electronic data bases and docu-17

ment filing systems maintained by the Department18

of Defense or by the manufacturers and suppliers of19

the aircraft engines.20

(4) Services to define the elements necessary21

for an effective training program to enhance and im-22

prove the performance of Department of Defense23

personnel in collecting and organizing documents24

and other information that are necessary for effi-25

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cient filing, processing, and collection of Department1

of Defense claims under aircraft engine warranties.2

(c) CONTRACTOR FEE.—Under authority provided in3

section 3718(d) of title 31, United States Code, a contract4

entered into under the pilot program shall provide for the5

contractor to be paid, out of the amount recovered by the6

contractor under program, such percentages of the7

amount recovered as the Secretary of Defense determines8

appropriate.9

(d) RETENTION OF RECOVERED FUNDS.—Subject to10

any obligation to pay a fee under subsection (c), any11

amount collected for the Department of Defense under the12

pilot program for a repair of an aircraft engine for a con-13

dition covered by a warranty shall be credited to an appro-14

priation available for repair of aircraft engines for the fis-15

cal year in which collected and shall be available for the16

same purposes and same period as the appropriation to17

which credited.18

(e) REGULATIONS.—The Secretary of Defense shall19

prescribe regulations to carry out this section.20

(f) TERMINATION OF AUTHORITY.—The pilot pro-21

gram shall terminate at the end of September 30, 1999,22

and contracts entered into under this section shall termi-23

nate not later than that date.24

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(g) REPORT.—Not later than January 1, 2000, the1

Secretary of Defense shall submit to Congress a report2

on the pilot program. The report shall include the follow-3

ing:4

(1) The number of contracts entered into under5

the program.6

(2) The extent to which the services provided7

under the contracts resulted in financial benefits for8

the Federal Government.9

(3) Any additional comments and recommenda-10

tions that the Secretary considers appropriate re-11

garding use of commercial sources of services for12

collection of Department of Defense claims under13

aircraft engine warranties.14

SEC. 368. ADJUSTMENT AND DIVERSIFICATION ASSIST-15

ANCE TO ENHANCE INCREASED PERFORM-16

ANCE OF MILITARY FAMILY SUPPORT SERV-17

ICES BY PRIVATE SECTOR SOURCES.18

Section 2391(b)(5) of title 10, United States Code,19

is amended by adding at the end the following:20

‘‘(C) The Secretary of Defense may also make grants,21

conclude cooperative agreements, and supplement other22

Federal funds in order to assist a State or local govern-23

ment to enhance that government’s capabilities to support24

efforts of the Department of Defense to privatize, contract25

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for, or diversify the performance of military family support1

services in cases in which the capability of the department2

to provide such services is adversely affected by an action3

described in paragraph (1).’’.4

SEC. 369. MULTITECHNOLOGY AUTOMATED READER CARD5

DEMONSTRATION PROGRAM.6

(a) PROGRAM REQUIRED.—The Secretary of the7

Navy shall carry out a program to demonstrate expanded8

use of multitechnology automated reader cards throughout9

the Navy and the Marine Corps. The demonstration pro-10

gram shall include demonstration of the use of the so-11

called ‘‘smartship’’ technology of the ship-to-shore work12

load / off load program of the Navy.13

(b) PERIOD OF PROGRAM.—The Secretary shall carry14

out the demonstration program for two years beginning15

not later than January 1, 1998.16

(c) REPORT.—Not later than 90 days after termi-17

nation of the demonstration program, the Secretary shall18

submit a report on the experience under the program to19



resentatives.22

(d) FUNDING.—(1) Of the amount authorized to be23

appropriated under section 301(1), $36,000,000 shall be24

available for the demonstration program under this sec-25

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tion, of which $6,300,000 shall be available for demonstra-1

tion of the use of the so-called ‘‘smartship’’ technology of2

the ship-to-shore work load / off load program of the Navy.3

(2) Of the amount authorized to be appropriated4

under section 301(1), the total amount available for cold5

weather clothing is decreased by $36,000,000.6

SEC. 370. CONTRACTING FOR PROCUREMENT OF CAPITAL7

ASSETS IN ADVANCE OF AVAILABILITY OF8

FUNDS IN THE WORKING-CAPITAL FUND FI-9

NANCING THE PROCUREMENT.10


amended by adding at the end the following:12

‘‘(l)(1) A contract for the procurement of a capital13

asset financed by a working-capital fund may be awarded14

in advance of the availability of funds in the working-cap-15

ital fund for the procurement.16

‘‘(2) Paragraph (1) applies to any of the following17

capital assets that have a development or acquisition cost18

of not less than $100,000:19

‘‘(A) A minor construction project under section20

2805(c)(1) of this title.21

‘‘(B) Automatic data processing equipment or22

software.23

‘‘(C) Any other equipment.24

‘‘(D) Any other capital improvement.’’.25

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SEC. 371. CONTRACTED TRAINING FLIGHT SERVICES.1

Of the amount authorized to be appropriated under2

section 301(4), $12,000,000 may be used for contracted3

training flight services.4

Subtitle F—Sikes Act Improvement5

SEC. 381. SHORT TITLE; REFERENCES.6

(a) SHORT TITLE.—This subtitle may be cited as the7

‘‘Sikes Act Improvement Act of 1997’’.8

(b) REFERENCES TO SIKES ACT.—In this subtitle,9

the term ‘‘Sikes Act’’ means the Act entitled ‘‘An Act to10

promote effectual planning, development, maintenance,11

and coordination of wildlife, fish, and game conservation12

and rehabilitation in military reservations’’, approved Sep-13

tember 15, 1960 (commonly known as the ‘‘Sikes Act’’)14

(16 U.S.C. 670a et seq.).15

SEC. 382. PREPARATION OF INTEGRATED NATURAL RE-16

SOURCES MANAGEMENT PLANS.17

(a) IN GENERAL.—Section 101 of the Sikes Act (1618

U.S.C. 670a(a)) is amended by striking subsection (a) and19

inserting the following:20

‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—21

‘‘(1) PROGRAM.—22

‘‘(A) IN GENERAL.—The Secretary of De-23

fense shall carry out a program to provide for24

the conservation and rehabilitation of natural25

resources on military installations.26

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‘‘(B) INTEGRATED NATURAL RESOURCES1

MANAGEMENT PLAN.—To facilitate the pro-2

gram, the Secretary of each military depart-3

ment shall prepare and implement an inte-4

grated natural resources management plan for5

each military installation in the United States6

under the jurisdiction of the Secretary, unless7

the Secretary determines that the absence of8

significant natural resources on a particular in-9

stallation makes preparation of such a plan in-10

appropriate.11

‘‘(2) COOPERATIVE PREPARATION.—The Sec-12

retary of a military department shall prepare each13

integrated natural resources management plan for14

which the Secretary is responsible in cooperation15

with the Secretary of the Interior, acting through16

the Director of the United States Fish and Wildlife17

Service, and the head of each appropriate State fish18

and wildlife agency for the State in which the mili-19

tary installation concerned is located. Consistent20

with paragraph (4), the resulting plan for the mili-21

tary installation shall reflect the mutual agreement22

of the parties concerning conservation, protection,23

and management of fish and wildlife resources.24

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‘‘(3) PURPOSES OF PROGRAM.—Consistent with1

the use of military installations to ensure the pre-2

paredness of the Armed Forces, the Secretaries of3

the military departments shall carry out the pro-4

gram required by this subsection to provide for—5

‘‘(A) the conservation and rehabilitation of6

natural resources on military installations;7

‘‘(B) the sustainable multipurpose use of8

the resources, which shall include hunting, fish-9

ing, trapping, and nonconsumptive uses; and10

‘‘(C) subject to safety requirements and11

military security, public access to military in-12

stallations to facilitate the use.13

‘‘(4) EFFECT ON OTHER LAW.—Nothing in this14

title—15

‘‘(A)(i) affects any provision of a Federal16

law governing the conservation or protection of17

fish and wildlife resources; or18

‘‘(ii) enlarges or diminishes the responsibil-19

ity and authority of any State for the protection20

and management of fish and resident wildlife;21

or22

‘‘(B) except as specifically provided in the23

other provisions of this section and in section24

102, authorizes the Secretary of a military de-25

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partment to require a Federal license or permit1

to hunt, fish, or trap on a military installa-2

tion.’’.3

(b) CONFORMING AMENDMENTS.—4

(1) Section 101 of the Sikes Act (16 U.S.C.5

670a) is amended—6

(A) in subsection (b)(4), by striking ‘‘coop-7

erative plan’’ each place it appears and insert-8

ing ‘‘integrated natural resources management9

plan’’;10

(B) in subsection (c), in the matter preced-11

ing paragraph (1), by striking ‘‘a cooperative12

plan’’ and inserting ‘‘an integrated natural re-13

sources management plan’’;14

(C) in subsection (d), in the matter preced-15

ing paragraph (1), by striking ‘‘cooperative16

plans’’ and inserting ‘‘integrated natural re-17

sources management plans’’; and18

(D) in subsection (e), by striking ‘‘Cooper-19

ative plans’’ and inserting ‘‘Integrated natural20

resources management plans’’.21


670b) is amended by striking ‘‘a cooperative plan’’23

and inserting ‘‘an integrated natural resources man-24

agement plan’’.25

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S 936 RFH


670c) is amended by striking ‘‘a cooperative plan’’2

and inserting ‘‘an integrated natural resources man-3

agement plan’’.4


670f) is amended—6

(A) in subsection (a), by striking ‘‘coopera-7

tive plans’’ and inserting ‘‘integrated natural8

resources management plans’’; and9

(B) in subsection (c), by striking ‘‘coopera-10

tive plans’’ and inserting ‘‘integrated natural11

resources management plans’’.12

(c) REQUIRED ELEMENTS OF PLANS.—Section13

101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amended—14

(1) by striking ‘‘(b) Each cooperative’’ and all15

that follows through the end of paragraph (1) and16

inserting the following:17

‘‘(b) REQUIRED ELEMENTS OF PLANS.—Consistent18

with the use of military installations to ensure the pre-19

paredness of the Armed Forces, each integrated natural20

resources management plan prepared under subsection21

(a)—22

‘‘(1) shall, to the extent appropriate and appli-23

cable, provide for—24

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‘‘(A) fish and wildlife management, land1

management, forest management, and fish- and2

wildlife-oriented recreation;3

‘‘(B) fish and wildlife habitat enhancement4

or modifications;5

‘‘(C) wetland protection, enhancement, and6

restoration, where necessary for support of fish,7

wildlife, or plants;8

‘‘(D) integration of, and consistency9

among, the various activities conducted under10

the plan;11

‘‘(E) establishment of specific natural re-12

source management goals and objectives and13

time frames for proposed action;14

‘‘(F) sustainable use by the public of natu-15

ral resources to the extent that the use is not16

inconsistent with the needs of fish and wildlife17

resources;18

‘‘(G) public access to the military installa-19

tion that is necessary or appropriate for the use20

described in subparagraph (F), subject to re-21

quirements necessary to ensure safety and mili-22

tary security;23

‘‘(H) enforcement of applicable natural re-24

source laws (including regulations);25

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‘‘(I) no net loss in the capability of mili-1

tary installation lands to support the military2

mission of the installation; and3

‘‘(J) such other activities as the Secretary4

of the military department determines appro-5

priate;’’;6

(2) in paragraph (2), by adding ‘‘and’’ at the7

end;8

(3) by striking paragraph (3);9

(4) by redesignating paragraph (4) as para-10

graph (3); and11

(5) in paragraph (3)(A) (as so redesignated), by12

striking ‘‘collect the fees therefor,’’ and inserting13

‘‘collect, spend, administer, and account for fees for14

the permits,’’.15

SEC. 383. REVIEW FOR PREPARATION OF INTEGRATED16

NATURAL RESOURCES MANAGEMENT PLANS.17

(a) DEFINITIONS.—In this section, the terms ‘‘mili-18

tary installation’’ and ‘‘United States’’ have the meanings19

provided in section 100 of the Sikes Act (as added by sec-20

tion 389).21

(b) REVIEW OF MILITARY INSTALLATIONS.—22

(1) REVIEW.—Not later than 270 days after23

the date of enactment of this Act, the Secretary of24

each military department shall—25

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(A) review each military installation in the1

United States that is under the jurisdiction of2

that Secretary to determine the military instal-3

lations for which the preparation of an inte-4

grated natural resources management plan5

under section 101 of the Sikes Act (as amended6

by this subtitle) is appropriate; and7

(B) submit to the Secretary of Defense a8

report on the determinations.9

(2) REPORT TO CONGRESS.—Not later than 110

year after the date of enactment of this Act, the11

Secretary of Defense shall submit to Congress a re-12

port on the reviews conducted under paragraph (1).13

The report shall include—14

(A) a list of the military installations re-15

viewed under paragraph (1) for which the Sec-16

retary of the appropriate military department17

determines that the preparation of an inte-18

grated natural resources management plan is19

not appropriate; and20

(B) for each of the military installations21

listed under subparagraph (A), an explanation22

of each reason such a plan is not appropriate.23

(c) DEADLINE FOR INTEGRATED NATURAL RE-24

SOURCES MANAGEMENT PLANS.—Not later than 3 years25

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S 936 RFH

after the date of the submission of the report required1

under subsection (b)(2), the Secretary of each military de-2

partment shall, for each military installation with respect3

to which the Secretary has not determined under sub-4

section (b)(2)(A) that preparation of an integrated natural5

resources management plan is not appropriate—6

(1) prepare and begin implementing such a plan7

in accordance with section 101(a) of the Sikes Act8

(as amended by this subtitle); or9

(2) in the case of a military installation for10

which there is in effect a cooperative plan under sec-11

tion 101(a) of the Sikes Act on the day before the12

date of enactment of this Act, complete negotiations13

with the Secretary of the Interior and the heads of14

the appropriate State agencies regarding changes to15

the plan that are necessary for the plan to constitute16

an integrated natural resources management plan17

that complies with that section, as amended by this18

subtitle.19

(d) PUBLIC COMMENT.—The Secretary of each mili-20

tary department shall provide an opportunity for the sub-21

mission of public comments on—22

(1) integrated natural resources management23

plans proposed under subsection (c)(1); and24

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(2) changes to cooperative plans proposed under1

subsection (c)(2).2

SEC. 384. TRANSFER OF WILDLIFE CONSERVATION FEES3

FROM CLOSED MILITARY INSTALLATIONS.4

Section 101(b)(3)(B) of the Sikes Act (16 U.S.C.5

670a(b)) (as redesignated by section 382(c)(4)) is amend-6

ed by inserting before the period at the end the following:7

‘‘, unless the military installation is subsequently closed,8

in which case the fees may be transferred to another mili-9

tary installation to be used for the same purposes’’.10

SEC. 385. ANNUAL REVIEWS AND REPORTS.11

Section 101 of the Sikes Act (16 U.S.C. 670a) is12


‘‘(f) REVIEWS AND REPORTS.—14

‘‘(1) SECRETARY OF DEFENSE.—Not later than15

March 1 of each year, the Secretary of Defense shall16

review the extent to which integrated natural re-17

sources management plans were prepared or were in18

effect and implemented in accordance with this title19

in the preceding year, and submit a report on the20

findings of the review to the committees. Each re-21

port shall include—22

‘‘(A) the number of integrated natural re-23

sources management plans in effect in the year24

covered by the report, including the date on25

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which each plan was issued in final form or1

most recently revised;2

‘‘(B) the amounts expended on conserva-3

tion activities conducted pursuant to the plans4

in the year covered by the report; and5

‘‘(C) an assessment of the extent to which6

the plans comply with this title.7

‘‘(2) SECRETARY OF THE INTERIOR.—Not later8

than March 1 of each year and in consultation with9

the heads of State fish and wildlife agencies, the10

Secretary of the Interior shall submit a report to the11

committees on the amounts expended by the Depart-12

ment of the Interior and the State fish and wildlife13

agencies in the year covered by the report on con-14

servation activities conducted pursuant to integrated15

natural resources management plans.16

‘‘(3) DEFINITION OF COMMITTEES.—In this17

subsection, the term ‘committees’ means—18

‘‘(A) the Committee on Resources and the19

Committee on National Security of the House20

of Representatives; and21

‘‘(B) the Committee on Armed Services22

and the Committee on Environment and Public23

Works of the Senate.’’.24

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SEC. 386. COOPERATIVE AGREEMENTS.1

Section 103a of the Sikes Act (16 U.S.C. 670c–1)2

is amended—3

(1) in subsection (a), by striking ‘‘Secretary of4

Defense’’ and inserting ‘‘Secretary of a military de-5

partment’’;6

(2) by striking subsection (b);7

(3) by redesignating subsection (c) as sub-8

section (b); and9


‘‘(c) MULTIYEAR AGREEMENTS.—Funds made avail-11

able to the Department of Defense for a fiscal year may12

be obligated to cover the cost of goods and services pro-13

vided under a cooperative agreement entered into under14

subsection (a) or through an agency agreement under sec-15

tion 1535 of title 31, United States Code, during any 18-16

month period beginning in the fiscal year, regardless of17

the fact that the agreement extends for more than 1 fiscal18

year.’’.19

SEC. 387. FEDERAL ENFORCEMENT.20

Title I of the Sikes Act (16 U.S.C. 670a et seq.) is21

amended—22

(1) by redesignating section 106 as section 108;23

and24

(2) by inserting after section 105 the following:25

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‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.1

‘‘All Federal laws relating to the management of nat-2

ural resources on Federal land may be enforced by the3

Secretary of Defense with respect to violations of the laws4

that occur on military installations within the United5

States.’’.6

SEC. 388. NATURAL RESOURCE MANAGEMENT SERVICES.7


amended by inserting after section 106 (as added by sec-9

tion 387) the following:10

‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.11

‘‘To the extent practicable using available resources,12

the Secretary of each military department shall ensure13

that sufficient numbers of professionally trained natural14

resource management personnel and natural resource law15

enforcement personnel are available and assigned respon-16

sibility to perform tasks necessary to carry out this title,17

including the preparation and implementation of inte-18

grated natural resources management plans.’’.19

SEC. 389. DEFINITIONS.20


amended by inserting before section 101 the following:22

‘‘SEC. 100. DEFINITIONS.23

‘‘In this title:24

‘‘(1) MILITARY INSTALLATION.—The term25

‘military installation’—26

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‘‘(A) means any land or interest in land1

owned by the United States and administered2

by the Secretary of Defense or the Secretary of3

a military department, except land under the4

jurisdiction of the Assistant Secretary of the5

Army having responsibility for civil works;6

‘‘(B) includes all public lands withdrawn7

from all forms of appropriation under public8

land laws and reserved for use by the Secretary9

of Defense or the Secretary of a military de-10

partment; and11

‘‘(C) does not include any land described12

in subparagraph (A) or (B) that is subject to13

an approved recommendation for closure under14

the Defense Base Closure and Realignment Act15

of 1990 (part A of title XXIX of Public Law16

101–510; 10 U.S.C. 2687 note).17

‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The18

term ‘State fish and wildlife agency’ means the 1 or19

more agencies of State government that are respon-20

sible under State law for managing fish or wildlife21

resources.22

‘‘(3) UNITED STATES.—The term ‘United23

States’ means the States, the District of Columbia,24

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and the territories and possessions of the United1

States.’’.2

SEC. 390. REPEAL.3

Section 2 of Public Law 99–561 (16 U.S.C. 670a–4

1) is repealed.5

SEC. 391. TECHNICAL AMENDMENTS.6

(a) The Sikes Act (16 U.S.C. 670a et seq.) is amend-7

ed by inserting before title I the following:8

‘‘SECTION 1. SHORT TITLE.9

‘‘This Act may be cited as the ‘Sikes Act’.’’.10

(b) The title heading for title I of the Sikes Act (1611

U.S.C. prec. 670a) is amended by striking ‘‘MILITARY12

RESERVATIONS’’ and inserting ‘‘MILITARY INSTALLA-13

TIONS’’.14

(c) Section 101 of the Sikes Act (16 U.S.C. 670a)15

is amended—16

(1) in subsection (b)(3) (as redesignated by sec-17

tion 382(c)(4))—18

(A) in subparagraph (A), by striking ‘‘the19

reservation’’ and inserting ‘‘the military instal-20

lation’’; and21

(B) in subparagraph (B), by striking ‘‘the22

military reservation’’ and inserting ‘‘the mili-23

tary installation’’;24

(2) in subsection (c)—25

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(A) in paragraph (1), by striking ‘‘a mili-1

tary reservation’’ and inserting ‘‘a military in-2

stallation’’; and3

(B) in paragraph (2), by striking ‘‘the res-4

ervation’’ and inserting ‘‘the military installa-5

tion’’; and6

(3) in subsection (e), by striking ‘‘the Federal7

Grant and Cooperative Agreement Act of 1977 (418

U.S.C. 501 et seq.)’’ and inserting ‘‘chapter 63 of9

title 31, United States Code’’.10

(d) Section 102 of the Sikes Act (16 U.S.C. 670b)11

is amended by striking ‘‘military reservations’’ and insert-12

ing ‘‘military installations’’.13

(e) Section 103 of the Sikes Act (16 U.S.C. 670c)14

is amended—15

(1) by striking ‘‘military reservations’’ and in-16

serting ‘‘military installations’’; and17

(2) by striking ‘‘such reservations’’ and insert-18

ing ‘‘the installations’’.19

SEC. 392. AUTHORIZATIONS OF APPROPRIATIONS.20

(a) CONSERVATION PROGRAMS ON MILITARY IN-21

STALLATIONS.—Subsections (b) and (c) of section 108 of22

the Sikes Act (as redesignated by section 387(1)) are each23

amended by striking ‘‘1983’’ and all that follows through24

‘‘1993,’’ and inserting ‘‘1998 through 2003,’’.25

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(b) CONSERVATION PROGRAMS ON PUBLIC LANDS.—1

Section 209 of the Sikes Act (16 U.S.C. 670o) is2

amended—3

(1) in subsection (a), by striking ‘‘the sum of4

$10,000,000’’ and all that follows through ‘‘to en-5

able the Secretary of the Interior’’ and inserting6

‘‘$4,000,000 for each of fiscal years 1998 through7

2003, to enable the Secretary of the Interior’’; and8

(2) in subsection (b), by striking ‘‘the sum of9

$12,000,000’’ and all that follows through ‘‘to en-10

able the Secretary of Agriculture’’ and inserting11

‘‘$5,000,000 for each of fiscal years 1998 through12

2003, to enable the Secretary of Agriculture’’.13

TITLE IV—MILITARY14

PERSONNEL AUTHORIZATIONS15

Subtitle A—Active Forces16

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.17

The Armed Forces are authorized strengths for active18

duty personnel as of September 30, 1998, as follows:19

(1) The Army, 485,000, of whom not more20

than 80,300 shall be officers.21

(2) The Navy, 390,802, of whom not more than22

55,695 shall be officers.23

(3) The Marine Corps, 174,000, of whom not24

more than 17,978 shall be officers.25

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(4) The Air Force, 371,577, of whom not more1

than 72,732 shall be officers.2

SEC. 402. PERMANENT END STRENGTH LEVELS TO SUP-3

PORT TWO MAJOR REGIONAL CONTIN-4

GENCIES.5

(a) REPEAL.—Section 691 of title 10, United States6

Code, is repealed.7


at the beginning of chapter 39 of such title is amended9

by striking out the item relating to section 691.10

Subtitle B—Reserve Forces11

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.12

(a) FISCAL YEAR 1998.—The Armed Forces are au-13

thorized strengths for Selected Reserve personnel of the14

reserve components as of September 30, 1998, as follows:15

(1) The Army National Guard of the United16

States, 361,516.17

(2) The Army Reserve, 208,000.18

(3) The Naval Reserve, 94,294.19

(4) The Marine Corps Reserve, 42,000.20

(5) The Air National Guard of the United21

States, 108,002.22

(6) The Air Force Reserve, 73,542.23

(7) The Coast Guard Reserve, 8,000.24

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(b) ADJUSTMENTS.—The end strengths prescribed by1

subsection (a) for the Selected Reserve of any reserve com-2

ponent for a fiscal year shall be proportionately reduced3

by—4

(1) the total authorized strength of units orga-5

nized to serve as units of the Selected Reserve of6

such component which are on active duty (other7

than for training) at the end of the fiscal year, and8

(2) the total number of individual members not9

in units organized to serve as units of the Selected10

Reserve of such component who are on active duty11

(other than for training or for unsatisfactory partici-12

pation in training) without their consent at the end13

of the fiscal year.14

Whenever such units or such individual members are re-15

leased from active duty during any fiscal year, the end16

strength prescribed for such fiscal year for the Selected17

Reserve of such reserve component shall be proportion-18

ately increased by the total authorized strengths of such19

units and by the total number of such individual members.20

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE21

DUTY IN SUPPORT OF THE RESERVES.22

Within the end strengths prescribed in section23

411(a), the reserve components of the Armed Forces are24

authorized, as of September 30, 1998, the following num-25

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ber of Reserves to be serving on full-time active duty or1

full-time duty, in the case of members of the National2

Guard, for the purpose of organizing, administering, re-3

cruiting, instructing, or training the reserve components:4

(1) The Army National Guard of the United5

States, 22,310.6

(2) The Army Reserve, 11,500.7

(3) The Naval Reserve, 16,136.8

(4) The Marine Corps Reserve, 2,559.9

(5) The Air National Guard of the United10

States, 10,671.11

(6) The Air Force Reserve, 963.12

SEC. 413. ADDITION TO END STRENGTHS FOR MILITARY13

TECHNICIANS.14

(a) AIR NATIONAL GUARD.—In addition to the num-15

ber of military technicians for the Air National Guard of16

the United States as of the last day of fiscal year 199817

for which funds are authorized to be appropriated in this18

Act, 100 military technicians are authorized for fiscal year19

1998 for five Air National Guard C–130 aircraft units.20

(b) AIR FORCE RESERVE.—In addition to the num-21

ber of military technicians for the Air Force Reserve as22

of the last day of fiscal year 1998 for which funds are23

authorized to be appropriated in this Act, 21 military tech-24

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nicians are authorized for fiscal year 1998 for three Air1

Force Reserve C–130 aircraft units.2

Subtitle C—Authorization of3

Appropriations4

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-5

TARY PERSONNEL.6

There is hereby authorized to be appropriated to the7

Department of Defense for military personnel for fiscal8

year 1998 a total of $69,244,962,000. The authorization9

in the preceding sentence supersedes any other authoriza-10

tion of appropriations (definite or indefinite) for such pur-11

pose for fiscal year 1998.12

TITLE V—MILITARY PERSONNEL13

POLICY14

Subtitle A—Personnel Management15

SEC. 501. OFFICERS EXCLUDED FROM CONSIDERATION BY16

PROMOTION BOARD.17

(a) ACTIVE COMPONENT OFFICERS.—Section 619(d)18

of title 10, United States Code, is amended by striking19

out paragraph (1) and inserting in lieu thereof the follow-20

ing:21

‘‘(1) an officer whose name is on—22

‘‘(A) a promotion list for that grade as a23

result of his selection for promotion to that24

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grade by an earlier selection board convened1

under that section; or2

‘‘(B) a list of names of officers rec-3

ommended for promotion to that grade that is4

set forth in a report of such a board, while the5

report is pending action under section 618 of6

this title’’.7

(b) RESERVE COMPONENT OFFICERS.—Section8

14301(c) of such title is amended by striking out para-9

graph (1) and inserting in lieu thereof the following:10

‘‘(1) an officer whose name is on—11

‘‘(A) a promotion list for that grade as a12

result of recommendation for promotion to that13

grade by an earlier selection board convened14

under that section or section 14502 of this title15

or under chapter 36 of this title; or16

‘‘(B) a list of names of officers rec-17

ommended for promotion to that grade that is18

set forth in a report of such a board, while the19

report is pending action under section 618,20

14110, or 14111 of this title;’’.21

(c) EFFECTIVE DATE.—The amendments made by22

this section shall take effect on the date of the enactment23

of this Act and shall apply with respect to each selection24

board that is convened under section 611(a), 14101(a),25

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or 14502 of title 10, United States Code, on or after such1

date.2

SEC. 502. INCREASE IN THE MAXIMUM NUMBER OF OFFI-3

CERS ALLOWED TO BE FROCKED TO THE4

GRADE OF O–6.5

Paragraph (2) of section 777(d) of title 10, United6


‘‘(2) The number of officers of an armed force on8

the active-duty list who are authorized as described in sub-9

section (a) to wear the insignia for a grade to which a10

limitation on total number applies under section 523(a)11

of this title for a fiscal year may not exceed—12

‘‘(A) in the case of the grade of major, lieuten-13

ant colonel, lieutenant commander, or commander, 114

percent of the total number provided for the officers15

in that grade in that armed force in the administra-16

tion of the limitation under that section for that fis-17

cal year; and18

‘‘(B) in the case of the grade of colonel or cap-19

tain, 2 percent of the total number provided for the20

officers in that grade in that armed force in the ad-21

ministration of the limitation under that section for22

that fiscal year.’’.23

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SEC. 503. AVAILABILITY OF NAVY CHAPLAINS ON RETIRED1

LIST OR OF RETIREMENT AGE TO SERVE AS2

CHIEF OR DEPUTY CHIEF OF CHAPLAINS OF3

THE NAVY.4

(a) ELIGIBILITY OF OFFICERS ON RETIRED LIST.—5

(1) Section 5142(b) of title 10, United States Code, is6

amended by striking out ‘‘, who are not on the retired7

list,’’ in the second sentence.8

(2) Section 5142a of such title is amended by striking9

out ‘‘, who is not on the retired list,’’.10

(b) AUTHORITY TO DEFER RETIREMENT.—(1)11

Chapter 573 of title 10, United States Code, is amended12

by adding at the end the following new section:13

‘‘§ 6411. Chief and Deputy Chief of Chaplains:14

deferment of retirement for age15

‘‘The Secretary of the Navy may defer the retirement16

under section 1251(a) of this title of an officer of the17

Chaplain Corps if during the period of the deferment the18

officer will be serving as the Chief of Chaplains or the19

Deputy Chief of Chaplains. A deferment under this sub-20

section may not extend beyond the first day of the month21

following the month in which the officer becomes 68 years22

of age.’’.23


chapter is amended by adding at the end the following:25

‘‘6411. Chief and Deputy Chief of Chaplains: deferment of retirement for age.’’.

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SEC. 504. PERIOD OF RECALL SERVICE OF CERTAIN RETIR-1

EES.2

(a) INAPPLICABILITY OF LIMITATION TO CERTAIN3

OFFICERS.—Section 688(e) of title 10, United States4


(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and6


‘‘(2) In the administration of paragraph (1), the fol-8

lowing officers shall not be counted:9

‘‘(A) A chaplain who is assigned to duty as a10

chaplain for the period of active duty to which or-11

dered.12

‘‘(B) A health care professional (as character-13

ized by the Secretary concerned) who is assigned to14

duty as a health care professional for the period of15

the active duty to which ordered.16

‘‘(C) Any officer assigned to duty with the17

American Battle Monuments Commission for the pe-18

riod of active duty to which ordered.’’.19

(b) EFFECTIVE DATE.—The amendments made by20

subsection (a) shall take effect on September 30, 1997,21

immediately after the amendment made by section 521(a)22

of Public Law 104–201 (110 Stat. 2515) takes effect.23

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SEC. 505. INCREASED YEARS OF COMMISSIONED SERVICE1

FOR MANDATORY RETIREMENT OF REGULAR2

GENERALS AND ADMIRALS ABOVE MAJOR3

GENERAL AND REAR ADMIRAL.4

(a) YEARS OF SERVICE.—Section 636 of title 10,5

United States Code, is amended—6

(1) by striking out ‘‘Except’’ and inserting in7

lieu thereof ‘‘(a) MAJOR GENERALS AND REAR AD-8

MIRALS SERVING IN GRADE.—Except as provided in9

subsection (b) or (c) of this section and’’; and10


‘‘(b) LIEUTENANT GENERALS AND VICE ADMI-12

RALS.—In the administration of subsection (a) in the case13

of an officer who is serving in the grade of lieutenant gen-14

eral or vice admiral, the number of years of active commis-15

sioned service applicable to the officer is 38 years.16

‘‘(c) GENERALS AND ADMIRALS.—In the administra-17

tion of subsection (a) in the case of an officer who is serv-18

ing in the grade of general or admiral, the number of years19

of active commissioned service applicable to the officer is20

40 years.’’.21

(b) SECTION HEADING.—The heading of such section22


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‘‘§ 636. Retirement for years of service: regular offi-1

cers in grades above brigadier general2

and rear admiral (lower half)’’.3

(c) CLERICAL AMENDMENT.—The item relating to4

such section in the table of sections at the beginning of5

subchapter III of chapter 36 of title 10, United States6

Code, is amended to read as follows:7

‘‘636. Retirement for years of service: regular officers in grades above brigadier

general and rear admiral (lower half).’’.

Subtitle B—Matters Relating to8

Reserve Components9

SEC. 511. TERMINATION OF READY RESERVE MOBILIZA-10

TION INCOME INSURANCE PROGRAM.11

(a) TERMINATION.—(1) Chapter 1214 of title 10,12

United States Code, is amended by adding at the end the13

following;14

‘‘§ 12533. Termination of program authority15

‘‘(a) BENEFITS NOT TO ACCRUE.—No benefits ac-16

crue under the insurance program for active duty per-17

formed on or after the program termination date.18

‘‘(b) SERVICE NOT INSURED.—The insurance pro-19

gram does not apply with respect to any order of a mem-20

ber of the Ready Reserve into covered service that becomes21

effective on or after the program termination date.22

‘‘(c) CESSATION OF ACTIVITIES.—No person may be23

enrolled, and no premium may be collected, under the in-24

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surance program on or after the program termination1

date.2

‘‘(d) PROGRAM TERMINATION DATE.—For the pur-3

poses of this section, the term ‘program termination date’4

is the date of the enactment of the National Defense Au-5

thorization Act for Fiscal Year 1998.’’.6



‘‘12533. Termination of program authority.’’.

(b) PAYMENT OF BENEFITS.—The Secretary of De-9

fense shall pay in full all benefits that have accrued to10

members of the Armed Forces under the Ready Reserve11

Mobilization Income Insurance Program before the date12

of the enactment of this Act. A refund of premiums to13

a beneficiary under subsection (c) may not reduce the ben-14

efits payable to the beneficiary under this subsection.15

(c) REFUND OF PREMIUMS.—Not later than 18016

days after the date of the enactment of this Act, the Sec-17

retary of Defense shall refund premiums paid under the18

Ready Reserve Mobilization Income Insurance Program to19

the persons who paid the premiums, as follows:20

(1) In the case of a person for whom no pay-21

ment of benefits has accrued under the program, all22

premiums.23

(2) In the case of a person who has accrued24

benefits under the program, the premiums (including25

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any portion of a premium) that the person has paid1

for periods (including any portion of a period) for2

which no benefits accrued to the person under the3

program.4

(d) STUDY AND REPORT.—Not later than June 1,5

1998, the Secretary of Defense shall—6

(1) carry out a study to determine—7

(A) the reasons for the fiscal deficiencies8

in the Ready Reserve Mobilization Income In-9

surance Program that make it necessary to ap-10

propriate $72,000,000 or more to pay benefits11

(including benefits in arrears) and other pro-12

gram costs; and13

(B) whether there is a need for such a pro-14

gram; and15

(2) submit to Congress a report containing—16

(A) the Secretary’s determinations; and17

(B) if the Secretary determines that there18

is a need for a Ready Reserve mobilization in-19

come insurance program, the Secretary’s rec-20

ommendations for improving the program under21

chapter 1214 of title 10, United States Code.22

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SEC. 512. DISCHARGE OR RETIREMENT OF RESERVE OFFI-1

CERS IN AN INACTIVE STATUS.2

Section 12683(b)(1) of title 10, United States Code,3


‘‘(1) to—5

‘‘(A) a separation under section 12684,6

14901, or 14907 of this title; or7

‘‘(B) a separation of a reserve officer in an8

inactive status in the Standby Reserve who is9

not qualified for transfer to the Retired Reserve10

or, if qualified, does not apply for transfer to11

the Retired Reserve;’’.12

SEC. 513. RETENTION OF MILITARY TECHNICIANS IN13

GRADE OF BRIGADIER GENERAL AFTER MAN-14

DATORY SEPARATION DATE.15

(a) RETENTION TO AGE 60.—Section 14702(a) of16

title 10, United States Code, is amended—17

(1) by striking out ‘‘section 14506 or 14507’’18

and inserting in lie thereof ‘‘section 14506, 14507,19

or 14508(a)’’; and20

(2) by striking out ‘‘or colonel’’ and inserting in21

lieu thereof ‘‘colonel, or brigadier general’’.22

(b) RELATIONSHIP TO OTHER RETENTION AUTHOR-23

ITY.—Section 14508(c) of such title is amended by adding24

at the end the following: ‘‘For the purposes of the preced-25

ing sentence, a retention of a reserve officer under section26

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14702 of this title shall not be construed as being a reten-1

tion of that officer under this subsection.’’.2

SEC. 514. FEDERAL STATUS OF SERVICE BY NATIONAL3

GUARD MEMBERS AS HONOR GUARDS AT FU-4

NERALS OF VETERANS.5

(a) IN GENERAL.—(1) Chapter 1 of title 32, United6

States Code, as amended by section 364, is further amend-7

ed by adding at the end the following new section:8

‘‘§ 114. Honor guard functions at funerals for veter-9

ans10

‘‘Subject to such restrictions as may be prescribed by11

the Secretary concerned, the performance of honor guard12

functions by members of the National Guard at funerals13

for veterans of the armed forces may be treated by the14

Secretary concerned as a Federal function for which ap-15

propriated funds may be used. Any such performance of16

honor guard functions at funerals may not be considered17

to be a period of drill or training otherwise required.’’.18


chapter, as amended by section 364, is further amended20

by adding at the end the following new item:21

‘‘114. Honor guard functions at funerals for veterans.’’.

(b) FUNDING FOR FISCAL YEAR 1997.—Section 11422

of title 32, United States Code, as added by subsection23

(a), does not authorize additional appropriations for fiscal24

year 1997. Any expenses of the National Guard that are25

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incurred by reason of such section during fiscal year 19971

may be paid from existing appropriations available for the2

National Guard.3

Subtitle C—Education and4

Training Programs5

SEC. 521. SERVICE ACADEMIES FOREIGN EXCHANGE STUDY6

PROGRAM.7

(a) UNITED STATES MILITARY ACADEMY.—(1)8


by inserting after section 4344 the following new section:10

‘‘§ 4345. Exchange program with foreign military11

academies12

‘‘(a) AGREEMENT AUTHORIZED.—The Secretary of13

the Army may enter into an agreement with an official14

of a foreign government authorized to act for that foreign15

government to carry out a military academy foreign ex-16

change study program.17

‘‘(b) TERMS OF AGREEMENT.—(1) An agreement18

with a foreign government under this section shall provide19

for the following:20

‘‘(A) That, on an exchange basis, the Secretary21

provide students of military academies of the foreign22

government with instruction at the Academy and the23

foreign government provide cadets of the Academy24

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with instruction at military academies of the foreign1

government.2

‘‘(B) That the number of cadets of the Acad-3

emy provided instruction under the exchange pro-4

gram and the number of students of military acad-5

emies of the foreign government provided instruction6

at the Academy under the exchange program during7

an academic year be equal.8

‘‘(C) That the duration of the period of ex-9

change study for each student not exceed one aca-10

demic semester (or an equivalent academic period of11

a host foreign military academy).12

‘‘(2) An agreement with a foreign government under13

this section may provide for the Secretary to provide a14

student of a military academy of the foreign government15

with quarters, subsistence, transportation, clothing, health16

care, and other services during the period of the student’s17

exchange study at the Academy to the same extent that18

the foreign government provides comparable support and19

services to cadets of the Academy during the period of20

the cadets’ exchange study at a military academy of the21

foreign government.22

‘‘(c) MAXIMUM NUMBER.—Under the exchange pro-23

gram not more than a total of 24 cadets of the Academy24

may be receiving instruction at military academies of for-25

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eign governments under the program at any time, and not1

more than a total of 24 students of military academies2

of foreign governments may be receiving instruction at the3

Academy at any time.4

‘‘(d) FOREIGN STUDENTS NOT TO RECEIVE PAY5

AND ALLOWANCES.—A student of a foreign military acad-6

emy provided instruction at the Academy under the ex-7

change program is not, by virtue of participation in the8

exchange program, entitled to the pay, allowances, and9

emoluments of a cadet appointed from the United States.10

‘‘(e) SPECIAL RULES FOR FOREIGN MILITARY ACAD-11

EMY STUDENTS.—(1) Foreign military academy students12

receiving instruction at the Academy under the exchange13

program are in addition to—14

‘‘(A) the number of persons from foreign coun-15

tries who are receiving instruction at the Academy16

under section 4344 of this title; and17

‘‘(B) the authorized strength of the cadets of18

the Academy under section 4342 of this title.19

‘‘(2) Subsections (c) and (d) of section 9344 of this20

title apply to students of military academies of foreign21

governments while the students are participating in the22

exchange program under this section.23

‘‘(f) REGULATIONS.—The Secretary shall prescribe24

regulations to carry out the military academy foreign ex-25

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change study program under this section. The regulations1

may, subject to subsection (e)(2), include eligibility cri-2

teria and methods for selection of students to participate3

in the exchange program.’’.4


chapter is amended by inserting after the item relating6

to section 4344 the following new item:7

‘‘4345. Exchange program with foreign military academies.’’.

(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter8

603 of title 10, United States Code, is amended by insert-9

ing after section 6957 the following new section:10

‘‘§ 6957a. Exchange program with foreign military11

academies12


the Navy may enter into an agreement with an official14









government with instruction at the Naval Academy23

and the foreign government provide midshipmen of24

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the Academy with instruction at military academies1

of the foreign government.2

‘‘(B) That the number of midshipmen of the3

Naval Academy provided instruction under the ex-4

change program and the number of students of mili-5

tary academies of the foreign government provided6

instruction at the Naval Academy under the ex-7

change program during an academic year be equal.8










exchange study at the Naval Academy to the same extent18

that the foreign government provides comparable support19

and services to midshipmen of the Naval Academy during20

the period of the cadets’ exchange study at a military21

academy of the foreign government.22


gram not more than a total of 24 midshipmen of the Naval24

Academy may be receiving instruction at military acad-25

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emies of foreign governments under the program at any1

time, and not more than a total of 24 students of military2

academies of foreign governments may be receiving in-3

struction at the Naval Academy at any time.4



emy provided instruction at the Naval Academy under the7

exchange program is not, by virtue of participation in the8


emoluments of a midshipman appointed from the United10

States.11



receiving instruction at the Naval Academy under the ex-14

change program are in addition to—15


tries who are receiving instruction at the Naval17

Academy under section 6957 of this title; and18

‘‘(B) the authorized strength of the midshipmen19

under section 6954 of this title.20

‘‘(2) Section 6957(c) of this title applies to students21

of military academies of foreign governments while the22

students are participating in the exchange program under23

this section.24

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‘‘6957a. Exchange program with foreign military academies.’’.

(c) UNITED STATES AIR FORCE ACADEMY.—(1)10


by inserting after section 9344 the following new section:12

‘‘§ 9345. Exchange program with foreign military13

academies14


the Air Force may enter into an agreement with an official16









government with instruction at the Air Force Acad-25

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emy and the foreign government provide Air Force1

Cadets of the Academy with instruction at military2

academies of the foreign government.3

‘‘(B) That the number of Air Force Cadets of4

the Academy provided instruction under the ex-5

change program and the number of students of mili-6

tary academies of the foreign government provided7

instruction at the Academy under the exchange pro-8

gram during an academic year be equal.9










exchange study at the Academy to the same extent that19

the foreign government provides comparable support and20

services to Air Force Cadets of the Academy during the21

period of the cadets’ exchange study at a military academy22

of the foreign government.23


gram not more than a total of 24 Air Force Cadets of25

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the Academy may be receiving instruction at military1

academies of foreign governments under the program at2

any time, and not more than a total of 24 students of3

military academies of foreign governments may be receiv-4

ing instruction at the Academy at any time.5



emy provided instruction at the Academy under the ex-8

change program is not, by virtue of participation in the9


emoluments of a cadet appointed from the United States.11



receiving instruction at the Academy under the exchange14

program are in addition to—15


tries who are receiving instruction at the Academy17

under section 9344 of this title; and18

‘‘(B) the authorized strength of the Air Force19

Cadets of the Academy under section 9342 of this20

title.21

‘‘(2) Subsections (c) and (d) of section 9344 of this22

title apply to students of military academies of foreign23

governments while the students are participating in the24

exchange program under this section.25

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‘‘9345. Exchange program with foreign military academies.’’.

SEC. 522. PROGRAMS OF HIGHER EDUCATION OF THE COM-10

MUNITY COLLEGE OF THE AIR FORCE.11

(a) PROGRAMS FOR INSTRUCTORS AT AIR FORCE12

TRAINING SCHOOLS.—Section 9315 of title 10, United13


(1) in subsection (b), by striking out ‘‘(b) Sub-15

ject to subsection (c)’’ and inserting in lieu thereof16

‘‘(b) CONFERMENT OF DEGREE.—(1) Subject to17

paragraph (2)’’;18

(2) by redesignating subsection (c) as para-19

graph (2) and in such paragraph, as so20

redesignated—21

(A) by striking out ‘‘(1) the’’ and inserting22

in lieu thereof ‘‘(A) the’’; and23

(B) by striking out ‘‘(2) the’’ and inserting24

in lieu thereof ‘‘(B) the’’;25

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(3) in subsection (a)—1

(A) by inserting after ‘‘(a)’’ the following:2

‘‘ESTABLISHMENT AND MISSION.—’’; and3

(B) in paragraph (1), by striking out ‘‘Air4

Force’’ and inserting in lieu thereof ‘‘armed5

forces described in subsection (b)’’; and6



‘‘(b) MEMBERS ELIGIBLE FOR PROGRAMS.—Subject9

to such other eligibility requirements as the Secretary con-10

cerned may prescribe, the following members of the armed11

forces are eligible to participate in programs of higher12

education referred to in subsection (a)(1):13

‘‘(1) An enlisted member of the Army, Navy, or14

Air Force who is serving as an instructor at an Air15

Force training school.16

‘‘(2) Any other enlisted member of the Air17

Force.’’.18

(b) RETROACTIVE APPLICABILITY.—Subsection (b)19

of section 9315 of such title, as added by subsection20

(a)(4), shall apply with respect to programs of higher edu-21

cation of the Community College of the Air Force as of22

March 31, 1996.23

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SEC. 523. PRESERVATION OF ENTITLEMENT TO EDU-1

CATIONAL ASSISTANCE OF MEMBERS OF THE2

SELECTED RESERVE SERVING ON ACTIVE3

DUTY IN SUPPORT OF A CONTINGENCY OPER-4

ATION.5

(a) PRESERVATION OF EDUCATIONAL ASSIST-6

ANCE.—Section 16131(c)(3)(B)(i) of title 10, United7

States Code, is amended by striking out ‘‘, in connection8

with the Persian Gulf War,’’.9

(b) EXTENSION OF 10-YEAR PERIOD OF AVAILABIL-10

ITY.—Section 16133(b)(4) of such title is amended—11

(1) by striking out ‘‘(A)’’;12

(2) by striking out ‘‘, during the Persian Gulf13

War,’’;14

(3) by redesignating clauses (i) and (ii) as sub-15

paragraphs (A) and (B), respectively; and16

(4) by striking out ‘‘(B) For the purposes’’ and17

all that follows through ‘‘title 38.’’.18

SEC. 524. REPEAL OF CERTAIN STAFFING AND SAFETY RE-19

QUIREMENTS FOR THE ARMY RANGER20

TRAINING BRIGADE.21

(a) IN GENERAL.—(1) Section 4303 of title 10,22

United States Code, is repealed.23

(2) The table of sections at the beginning of chapter24

401 of such title is amended by striking out the item relat-25

ing to section 4303.26

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(b) REPEAL OF RELATED PROVISION.—Section 5621

of Public Law 104–106 (110 Stat. 323) is repealed.2

SEC. 525. FLEXIBILITY IN MANAGEMENT OF JUNIOR RE-3

SERVE OFFICERS’ TRAINING CORPS.4

(a) AUTHORITY OF THE SECRETARY OF DEFENSE.—5


by adding at the end the following:7

‘‘§ 2032. Responsibility of the Secretary of Defense8

‘‘(a) COORDINATION BY SECRETARY OF DEFENSE.—9

The Secretary of Defense shall coordinate the establish-10

ment and maintenance of Junior Reserve Officers’ Train-11

ing Corps units by the Secretaries of the military depart-12

ments in order to maximize enrollment in the Corps and13

to enhance administrative efficiency in the management14

of the Corps. The Secretary may impose such require-15

ments regarding establishment of units and transfer of ex-16

isting units as the Secretary considers necessary to achieve17

the objectives set forth in the preceding sentence.18

‘‘(b) CONSIDERATION OF NEW SCHOOL OPENINGS19

AND CONSOLIDATIONS.—In carrying out subsection (a),20

the Secretary shall take into consideration openings of new21

schools, consolidations of schools, and the desirability of22

continuing the opportunity for participation in the Corps23

by participants whose continued participation would other-24

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wise be adversely affected by new school openings and con-1

solidations of schools.2

‘‘(c) FUNDING.—If amounts available for the Junior3

Reserve Officers’ Training Corps are insufficient for tak-4

ing actions considered necessary by the Secretary under5

subsection (a), the Secretary shall seek additional funding6

for units from the local educational administration agen-7

cies concerned.’’.8




‘‘2032. Responsibility of the Secretary of Defense.’’.

Subtitle D—Decorations and12

Awards13

SEC. 531. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF14

READY RESERVE FOR AWARD OF SERVICE15

MEDAL FOR HEROISM.16

(a) SOLDIER’S MEDAL.—Section 3750(a) of title 10,17


(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and19

(2) by adding at the end the following new20

paragraph:21

‘‘(2) The authority in paragraph (1) includes author-22

ity to award the medal to a member of the Ready Reserve23

who was not in a duty status defined in section 101(d)24

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of this title when the member distinguished himself by her-1

oism.’’.2

(b) NAVY AND MARINE CORPS MEDAL.—Section3

6246 of such title is amended—4

(1) by designating the text of the section as5

subsection (a); and6

(2) by adding at the end the following new sub-7

section:8

‘‘(b) The authority in subsection (a) includes author-9




oism.’’.13

(c) AIRMAN’S MEDAL.—Section 8750(a) of such title14

is amended—15

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and16


paragraph:18

‘‘(2) The authority in paragraph (1) includes author-19




oism.’’.23

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SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF1

CERTAIN DECORATIONS TO SPECIFIED PER-2

SONS.3

(a) WAIVER OF TIME LIMITATION.—Any limitation4

established by law or policy for the time within which a5

recommendation for the award of a military decoration or6

award must be submitted shall not apply in the case of7

awards of decorations described in subsections (b), (c),8

and (d), the award of each such decoration having been9

determined by the Secretary of the military department10

concerned to be warranted in accordance with section11

1130 of title 10, United States Code.12

(b) SILVER STAR MEDAL.—Subsection (a) applies to13

the award of the Silver Star Medal as follows:14

(1) To Joseph M. Moll, Jr. of Milford, New15

Jersey, for service during World War II.16

(2) To Philip Yolinsky of Hollywood, Florida,17

for service during the Korean Conflict.18

(c) NAVY AND MARINE CORPS MEDAL.—Subsection19

(a) applies to the award of the Navy and Marine Corps20

Medal to Gary A. Gruenwald of Damascus, Maryland, for21

service in Tunisia in October 1977.22

(d) DISTINGUISHED FLYING CROSS.—Subsection (a)23

applies to awards of the Distinguished Flying Cross for24

service during World War II or Korea (including multiple25

awards to the same individual) in the case of each individ-26

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ual concerning whom the Secretary of the Navy (or an1

officer of the Navy acting on behalf of the Secretary) sub-2

mitted to the Committee on National Security of the3

House of Representatives and the Committee on Armed4

Services of the Senate, before the date of the enactment5

of this Act, a notice as provided in section 1130(b) of title6

10, United States Code, that the award of the Distin-7

guished Flying Cross to that individual is warranted and8

that a waiver of time restrictions prescribed by law for9

recommendation for such award is recommended.10

SEC. 533. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT11

OF RECOMMENDATIONS FOR DECORATIONS12

AND AWARDS FOR CERTAIN MILITARY INTEL-13

LIGENCE PERSONNEL.14

Section 523(b)(1) of the National Defense Authoriza-15


Stat. 311; 10 U.S.C. 1130 note) is amended by striking17

out ‘‘during the one-year period beginning on the date of18

the enactment of this Act’’ and inserting in lieu thereof19

‘‘after February 9, 1996, and before February 10, 1998’’.20

SEC. 534. ELIGIBILITY OF CERTAIN WORLD WAR II MILI-21

TARY ORGANIZATIONS FOR AWARD OF UNIT22

DECORATIONS.23

(a) AUTHORITY.—A unit decoration may be awarded24

for any unit or other organization of the Armed Forces25

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of the United States, such as the Military Intelligence1

Service of the Army, that (1) supported the planning or2

execution of combat operations during World War II pri-3

marily through unit personnel who were attached to other4

units of the Armed Forces or of other allied armed forces,5

and (2) is not otherwise eligible for award of the decora-6

tion by reason of not usually having been deployed as a7

unit in support of such operations.8

(b) TIME FOR SUBMISSION OF RECOMMENDATION.—9

Any recommendation for award of a unit decoration under10

subsection (a) shall be submitted to the Secretary con-11

cerned (as defined in section 101(a)(9) of title 10, United12

States Code), or to such other official as the Secretary13

concerned may designate, not later than 2 years after the14

date of the enactment of this Act.15

SEC. 535. RETROACTIVITY OF MEDAL OF HONOR SPECIAL16

PENSION.17

(a) ENTITLEMENT.—In the case of Vernon J. Baker,18

Edward A. Carter, Junior, and Charles L. Thomas, who19

were awarded the Medal of Honor pursuant to section 56120

of Public Law 104–201 (110 Stat. 2529) and whose21

names have been entered and recorded on the Army, Navy,22

Air Force, and Coast Guard Medal of Honor Roll, the en-23

titlement of those persons to the special pension provided24

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under section 1562 of title 38, United States Code (and1

antecedent provisions of law), shall be effective as follows:2

(1) In the case of Vernon J. Baker, for months3

that begin after April 1945.4

(2) In the case of Edward A. Carter, Junior,5

for months that begin after March 1945.6

(3) In the case of Charles L. Thomas, for7

months that begin after December 1944.8

(b) AMOUNT.—The amount of the special pension9

payable under subsection (a) for a month beginning before10

the date of the enactment of this Act shall be the amount11

of the special pension provided by law for that month for12

persons entered and recorded on the Army, Navy, Air13

Force, and Coast Guard Medal of Honor Roll (or an ante-14

cedent Medal of Honor Roll required by law).15

(c) PAYMENT TO NEXT OF KIN.—In the case of a16

person referred to in subsection (a) who died before receiv-17

ing full payment of the pension pursuant to this section,18

the Secretary of Veterans Affairs shall pay the total19

amount of the accrued pension, upon receipt of application20

for payment within one year after the date of the enact-21

ment of this Act, to the deceased person’s spouse or, if22

there is no surviving spouse, then to the deceased person’s23

children, per stirpes, in equal shares.24

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SEC. 536. COLD WAR SERVICE MEDAL.1


States Code, is amended by adding at the end the3

following:4

‘‘§ 1131. Cold War service medal5

‘‘(a) MEDAL REQUIRED.—The Secretary concerned6

shall issue the Cold War service medal to persons eligible7

to receive the medal under subsection (b). The Cold War8

service medal shall be of an appropriate design approved9

by the Secretary of Defense, with ribbons, lapel pins, and10

other appurtenances.11

‘‘(b) ELIGIBLE PERSONS.—The following persons are12

eligible to receive the Cold War service medal:13

‘‘(1) A person who—14

‘‘(A) performed active duty or inactive15

duty training as an enlisted member of an16

armed force during the Cold War;17

‘‘(B) completed the initial term of enlist-18

ment;19

‘‘(C) after the expiration of the initial term20

of enlistment, reenlisted in an armed force for21

an additional term or was appointed as a com-22

missioned officer or warrant officer in an armed23

force; and24

‘‘(D) has not received a discharge less fa-25

vorable than an honorable discharge or a re-26

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lease from active duty with a characterization1

of service less favorable than honorable.2

‘‘(2) A person who—3

‘‘(A) performed active duty or inactive4

duty training as a commissioned officer or war-5

rant office in an armed force during the Cold6

War;7

‘‘(B) completed the initial service obliga-8

tion as an officer;9

‘‘(C) served in the armed forces after com-10

pleting the initial service obligation; and11

‘‘(D) has not been released from active12

duty with a characterization of service less fa-13

vorable than honorable and has not received a14

discharge less favorable than an honorable dis-15

charge.16

‘‘(c) ONE AWARD AUTHORIZED.—Not more than one17

Cold War service medal may be issued to any one person.18

‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE-19

CEASED.—If a person referred to in subsection (b) dies20

before being issued the Cold War service medal, the medal21

may be issued to the person’s representative, as designated22

by the Secretary concerned.23

‘‘(e) REPLACEMENT.—Under regulations prescribed24

by the Secretary concerned, a Cold War service medal that25

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is lost, destroyed, or rendered unfit for use without fault1

or neglect on the part of the person to whom it was issued2

may be replaced without charge.3

‘‘(f) UNIFORM REGULATIONS.—The Secretary of De-4

fense shall ensure that regulations prescribed by the Sec-5

retaries of the military departments under this section are6

uniform so far as is practicable.7

‘‘(g) DEFINITIONS.—In this section, the term ‘Cold8

War’ means the period beginning on August 15, 1974, and9

terminating at the end of December 21, 1991.’’.10

(b) CLERICAL AMENDMENTS.—The table of sections11



‘‘Sec. 1131. Cold War service medal.’’.

Subtitle E—Military Personnel14

Voting Rights15

SEC. 541. SHORT TITLE.16

This subtitle may be cited as the ‘‘Military Voting17

Rights Act of 1997’’.18

SEC. 542. GUARANTEE OF RESIDENCY.19

Article VII of the Soldiers’ and Sailors’ Civil Relief20

Act of 1940 (50 U.S.C. App. 590 et seq.) is amended by21

adding at the end the following:22

‘‘SEC. 704. (a) For purposes of voting for an office23

of the United States or of a State, a person who is absent24

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from a State in compliance with military or naval orders1

shall not, solely by reason of that absence—2

‘‘(1) be deemed to have lost a residence or3

domicile in that State;4

‘‘(2) be deemed to have acquired a residence or5

domicile in any other State; or6

‘‘(3) be deemed to have become resident in or7

a resident of any other State.8

‘‘(b) In this section, the term ‘State’ includes a terri-9

tory or possession of the United States, a political subdivi-10

sion of a State, territory, or possession, and the District11

of Columbia.’’.12

SEC. 543. STATE RESPONSIBILITY TO GUARANTEE MILI-13

TARY VOTING RIGHTS.14

(a) REGISTRATION AND BALLOTING.—Section 102 of15

the Uniformed and Overseas Absentee Voting Act (4216

U.S.C. 1973ff–1) is amended—17

(1) by inserting ‘‘(a) ELECTIONS FOR FEDERAL18

OFFICES.—’’ before ‘‘Each State shall—’’; and19


‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—21

Each State shall—22

‘‘(1) permit absent uniformed services voters to23

use absentee registration procedures and to vote by24

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absentee ballot in general, special, primary, and run-1

off elections for State and local offices; and2

‘‘(2) accept and process, with respect to any3

election described in paragraph (1), any otherwise4

valid voter registration application from an absent5

uniformed services voter if the application is received6

by the appropriate State election official not less7

than 30 days before the election.’’.8

(b) CONFORMING AMENDMENT.—The heading for9

title I of such Act is amended by striking out ‘‘FOR10

FEDERAL OFFICE’’.11

Subtitle F—Other Matters12

SEC. 551. SENSE OF CONGRESS REGARDING STUDY OF MAT-13

TERS RELATING TO GENDER EQUITY IN THE14

ARMED FORCES.15


ings:17

(1) In the all-volunteer force, women play an in-18

tegral role in the Armed Forces.19

(2) With increasing numbers of women in the20

Armed Forces, questions arise concerning inequal-21

ities, and perceived inequalities, between the treat-22

ment of men and women in the Armed Forces.23

(b) SENSE OF CONGRESS.—It is the sense of Con-24

gress that the Comptroller General should—25

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(1) conduct a study on any inequality, or per-1

ception of inequality, in the treatment of men and2

women in the Armed Forces that arises out of the3

statutes and regulations governing the Armed4

Forces; and5

(2) submit to Congress a report on the study6

not later than one year after the date of enactment7

of this Act.8

SEC. 552. COMMISSION ON GENDER INTEGRATION IN THE9

MILITARY.10

(a) ESTABLISHMENT.—There is established a com-11

mission to be known as the Commission on Gender Inte-12

gration in the Military.13

(b) MEMBERSHIP.—14

(1) IN GENERAL.—The commission shall be15

composed of 11 members appointed from among pri-16

vate citizens of the United States who have appro-17

priate and diverse experiences, expertise, and histori-18

cal perspectives on training, organizational, legal,19

management, military, and gender integration mat-20

ters.21

(2) SPECIFIC QUALIFICATIONS.—Of the 1122

members, at least two shall be appointed from23

among persons who have superior academic creden-24

tials, at least four shall be appointed from among25

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former members and retired members of the Armed1

Forces, and at least two shall be appointed from2

among members of the reserve components of the3

Armed Forces.4

(c) APPOINTMENTS.—5

(1) AUTHORITY.—The President pro tempore of6

the Senate shall appoint the members in consulta-7

tion with the chairman of the Committee on Armed8

Services, who shall recommend six persons for ap-9

pointment, and the ranking member of the Commit-10

tee on Armed Services, who shall recommend five11

persons for appointment. The appointments shall be12

made not later than 45 days after the date of the13


(2) PERIOD OF APPOINTMENT.—Members shall15

be appointed for the life of the commission.16

(3) VACANCIES.—A vacancy in the membership17

shall not affect the commission’s powers, but shall18

be filled in the same manner as the original appoint-19

ment.20

(d) MEETINGS.—21

(1) INITIAL MEETING.—The Commission shall22

hold its first meeting not later than 30 days after23

the date on which all members have been appointed.24

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(2) WHEN CALLED.—The Commission shall1

meet upon the call of the chairman.2

(3) QUORUM.—A majority of the members of3

the Commission shall constitute a quorum, but a4

lesser number may hold meetings.5

(e) CHAIRMAN AND VICE CHAIRMAN.—The Commis-6

sion shall select a chairman and a vice chairman from7

among its members.8

(f) AUTHORITY OF INDIVIDUALS TO ACT FOR COM-9

MISSION.—Any member or agent of the Commission may,10

if authorized, by the Commission, take any action which11

the Commission is authorized to take under this title.12

(g) DUTIES.—The Commission shall—13

(1) review the current practices of the Armed14

Forces, relevant studies, and private sector training15

concepts pertaining to gender-integrated training;16

(2) review the laws, regulations, policies, direc-17

tives, and practices that govern personal relation-18

ships between men and women in the armed forces19

and personal relationships between members of the20

armed forces and non-military personnel of the op-21

posite sex;22

(3) assess the extent to which the laws, regula-23

tions, policies, and directives have been applied con-24

sistently throughout the Armed Forces without re-25

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gard to the armed force, grade, or rank of the indi-1

viduals involved;2

(4) provide an independent assessment of the3

reports of the independent panel, the Department of4

Defense task force, and the review of existing guid-5

ance on adultery announced by the Secretary of De-6

fense; and7

(5) examine the experiences, policies, and prac-8

tices of the armed forces of other industrialized na-9

tions regarding gender-integrated training.10

(h) REPORTS.—11

(1) INITIAL REPORT.—Not later than April 15,12

1998, the Commission shall submit to the Commit-13

tee on Armed Services of the Senate an initial report14

setting forth the activities, findings, and rec-15

ommendations of the Commission. The report shall16

include any recommendations for congressional ac-17

tion and administrative action that the Commission18

considers appropriate.19

(2) FINAL REPORT.—Not later than September20

16, 1998, the Commission shall submit to the Com-21

mittee on Armed Services a final report setting forth22

the activities, findings, and recommendations of the23

Commission, including any recommendations for24

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congressional action and administrative action that1

the Commission considers appropriate.2

(i) POWERS.—3

(1) HEARINGS, ET CETERA.—The Commission4

may hold such hearings, sit and act at such times5

and places, take such testimony, and receive such6

evidence as the Commission considers advisable to7

carry out its duties.8

(2) INFORMATION FROM FEDERAL AGENCIES.—9

The Commission may secure directly from the De-10

partment of Defense and any other department or11

agency of the Federal Government such information12

as the Commission considers necessary to carry out13

its duties. Upon the request of the chairman of the14

Commission, the head of a department or agency15

shall furnish the requested information expeditiously16

to the Commission.17

(3) POSTAL SERVICES.— The Commission may18

use the United States mails in the same manner and19

under the same conditions as other departments and20

agencies of the Federal Government.21

(j) ADMINISTRATIVE SUPPORT.—The Secretary of22

Defense shall, upon the request of the chairman of the23

Commission, furnish the Commission any administrative24

and support services that the Commission may require.25

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(k) COMMISSION PERSONNEL MATTERS.—1

(1) COMPENSATION OF MEMBERS.—Each mem-2

ber of the Commission may be compensated at a3

rate equal to the daily equivalent of the annual rate4

of basic pay prescribed for level IV of the Executive5

Schedule under section 5315 of title 5, United6

States Code, for each day (including travel time)7

during which such member is engaged in performing8

the duties of the Commission.9

(2) TRAVEL ON MILITARY CONVEYANCES.—10

Members and personnel of the Commission may11

travel on aircraft, vehicles, or other conveyances of12

the Armed Forces when travel is necessary in the13

performance of a duty of the Commission except14

when the cost of commercial transportation is less15

expensive.16

(3) TRAVEL EXPENSES.—The members of the17

Commission may be allowed travel expenses, includ-18

ing per diem in lieu of subsistence, at rates author-19

ized for employees of agencies under subchapter I of20

chapter 57 of title 5, United States Code, while21

away from their homes or regular places of business22

in the performance of services for the Commission.23

(4) STAFF.—The chairman of the Commission24

may, without regard to civil service laws and regula-25

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tions, appoint and terminate an executive director1

and up to three additional staff members as nec-2

essary to enable the Commission to perform its du-3

ties. The chairman of the Commission may fix the4

compensation of the executive director and other5

personnel without regard to the provisions of chapter6

51, and subchapter III of chapter 53, of title 5,7

United States Code, relating to classification of posi-8

tions and General Schedule pay rates, except that9

the rate of pay may not exceed the rate payable for10

level V of the executive schedule under section 531611

of such title.12

(5) DETAIL OF GOVERNMENT EMPLOYEES.—13

Upon the request of the chairman of the Commis-14

sion, the head of any department or agency of the15

Federal Government may detail, without reimburse-16

ment, any personnel of the department or agency to17

the Commission to assist in carrying out its duties.18

A detail of an employee shall be without interruption19

or loss of civil service status or privilege.20

(6) TEMPORARY AND INTERMITTENT SERV-21

ICES.—The chairman of the Commission may pro-22

cure temporary and intermittent services under sec-23

tion 3109(b) of title 5, United States Code, at rates24

for individuals that do not exceed the daily equiva-25

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lent of the annual rate of basic pay prescribed for1

level IV of the Executive Schedule under section2

5315 of such title.3

(l) TERMINATION.—The Commission shall terminate4

90 days after the date on which it submits the final report5

under subsection (h)(2).6

(m) FUNDING.—7

(1) FROM DEPARTMENT OF DEFENSE APPRO-8

PRIATIONS.—Upon the request of the chairman of9

the Commission, the Secretary of Defense shall10

make available to the Commission, out of funds ap-11

propriated for the Department of Defense, such12

amounts as the Commission may require to carry13

out its duties.14

(2) PERIOD OF AVAILABILITY.—Funds made15

available to the Commission shall remain available,16

without fiscal year limitation, until the date on17

which the Commission terminates.18

SEC. 553. SEXUAL HARASSMENT INVESTIGATIONS AND RE-19

PORTS.20

(a) INVESTIGATIONS.—Any commanding officer or21

officer in charge of a unit, vessel, facility, or area who22

receives from a member of the command or a civilian em-23

ployee under the supervision of the officer a complaint al-24

leging sexual harassment by a member of the Armed25

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Forces or a civilian employee of the Department of De-1

fense shall, to the extent practicable—2

(1) within 72 hours after receipt of the3

complaint—4

(A) forward the complaint or a detailed de-5

scription of the allegation to the next superior6

officer in the chain of command who is author-7

ized to convene a general court-martial;8

(B) commence, or cause the commence-9

ment of, an investigation of the complaint; and10

(C) advise the complainant of the com-11

mencement of the investigation;12

(2) ensure that the investigation of the com-13

plaint is completed not later than 14 days after the14

investigation is commenced; and15

(3) either—16

(A) submit a final report on the results of17

the investigation, including any action taken as18

a result of the investigation, to the next supe-19

rior officer referred to in paragraph (1) within20

20 days after the investigation is commenced;21

or22

(B) submit a report on the progress made23

in completing the investigation to the next su-24

perior officer referred to in paragraph (1) with-25

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in 20 days after the investigation is commenced1

and every 14 days thereafter until the investiga-2

tion is completed and, upon completion of the3

investigation, then submit a final report on the4

results of the investigation, including any action5

taken as a result of the investigation, to that6

next superior officer.7

(b) REPORTS.—(1) Not later than January 1 of each8

of 1998 and 1999, each officer receiving any complaint9

forwarded in accordance with subsection (a) during the10

preceding year shall submit to the Secretary of the mili-11

tary department concerned a report on all such complaints12

and the investigations of such complaints (including the13

results of the investigations, in cases of investigations14

completed during such preceding year).15

(2)(A) Not later than March 1 of each of 1998 and16

1999, each Secretary receiving a report under paragraph17

(1) for a year shall submit to the Secretary of Defense18

a report on all such reports so received.19

(B) Not later than the April 1 following receipt of20

a report for a year under subparagraph (A), the Secretary21

of Defense shall transmit to Congress all such reports re-22

ceived for the year under subparagraph (A) together with23

the Secretary’s assessment of each such report.24

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(c) SEXUAL HARASSMENT DEFINED.—In this sec-1

tion, the term ‘‘sexual harassment’’ means—2

(1) a form of sex discrimination that—3

(A) involves unwelcome sexual advances,4

requests for sexual favors, and other verbal or5

physical conduct of a sexual nature when—6

(i) submission to such conduct is7

made either explicitly or implicitly a term8

or condition of a person’s job, pay, or ca-9

reer;10

(ii) submission to or rejection of such11

conduct by a person is used as a basis for12

career or employment decisions affecting13

that person; or14

(iii) such conduct has the purpose or15

effect of unreasonably interfering with an16

individual’s work performance or creates17

an intimidating, hostile, or offensive work-18

ing environment; and19

(B) is so severe or pervasive that a reason-20

able person would perceive, and the victim does21

perceive, the work environment as hostile or of-22

fensive;23

(2) any use or condonation, by any person in a24

supervisory or command position, of any form of25

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sexual behavior to control, influence, or affect the1

career, pay, or job of a member of the Armed Forces2

or a civilian employee of the Department of Defense;3

and4

(3) any deliberate or repeated unwelcome verbal5

comment, gesture, or physical contact of a sexual6

nature in the workplace by any member of the7

Armed Forces or civilian employee of the Depart-8

ment of Defense.9

SEC. 554. REQUIREMENT FOR EXEMPLARY CONDUCT BY10

COMMANDING OFFICERS AND OTHER AU-11

THORITIES.12

(a) ARMY.—(1) Chapter 345 of title 10, United13

States Code, is amended by adding at the end:14

‘‘§ 3583. Requirement of exemplary conduct15

‘‘All commanding officers and others in authority in16

the Army are required to show in themselves a good exam-17

ple of virtue, honor, patriotism, and subordination; to be18

vigilant in inspecting the conduct of all persons who are19

placed under their command; to guard against and sup-20

press all dissolute and immoral practices, and to correct,21

according to the laws and regulations of the Army, all per-22

sons who are guilty of them; and to take all necessary and23

proper measures, under the laws, regulations, and customs24

of the Army, to promote and safeguard the morale, the25

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physical well-being, and the general welfare of the officers1

and enlisted persons under their command or charge.’’.2



‘‘3583. Requirement of exemplary conduct.’’.

(b) AIR FORCE.—(1) Chapter 845 of title 10, United5


ing:7

‘‘§ 8583. Requirement of exemplary conduct8

‘‘All commanding officers and others in authority in9

the Air Force are required to show in themselves a good10

example of virtue, honor, patriotism, and subordination;11

to be vigilant in inspecting the conduct of all persons who12

are placed under their command; to guard against and13

suppress all dissolute and immoral practices, and to cor-14

rect, according to the laws and regulations of the Air15

Force, all persons who are guilty of them; and to take16

all necessary and proper measures, under the laws, regula-17

tions, and customs of the Air Force, to promote and safe-18

guard the morale, the physical well-being, and the general19

welfare of the officers and enlisted persons under their20

command or charge.’’.21



‘‘8583. Requirement of exemplary conduct.’’.

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SEC. 555. PARTICIPATION OF DEPARTMENT OF DEFENSE1

PERSONNEL IN MANAGEMENT OF NON-FED-2

ERAL ENTITIES.3


States Code, is amended by inserting after section 1060a5

the following new section:6

‘‘§ 1060b. Participation in management of non-Fed-7

eral entities: members of the armed8

forces; civilian employees9

‘‘(a) AUTHORITY TO PERMIT PARTICIPATION.—The10

Secretary concerned may authorize a member of the11

armed forces, a civilian officer or employee of the Depart-12

ment of Defense, or a civilian officer or civilian employee13

of the Coast Guard—14

‘‘(1) to serve as a director, officer, or trustee of15

a military welfare society or other entity described in16

subsection (c); or17

‘‘(2) to participate in any other capacity in the18

management of such a society or entity.19

‘‘(b) COMPENSATION PROHIBITED.—Compensation20

may not be accepted for service or participation authorized21

under subsection (a).22

‘‘(c) COVERED ENTITIES.—This section applies with23

respect to the following entities:24

‘‘(1) MILITARY WELFARE SOCIETIES.—The fol-25

lowing military welfare societies:26

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‘‘(A) The Army Emergency Relief.1

‘‘(B) The Air Force Aid Society.2

‘‘(C) The Navy-Marine Corps Relief Soci-3

ety.4

‘‘(D) The Coast Guard Mutual Assistance.5

‘‘(2) OTHER ENTITIES.—Each of the following6

additional entities that is not operated for profit:7

‘‘(A) Any athletic conference, or other en-8

tity, that regulates and supports the athletics9

programs of the United States Military Acad-10

emy, the United States Naval Academy, the11

United States Air Force Academy, or the12

United States Coast Guard Academy.13

‘‘(B) Any entity that regulates inter-14

national athletic competitions.15

‘‘(C) Any regional educational accrediting16

agency, or other entity, that accredits the acad-17

emies referred to in subparagraph (A) or ac-18

credits any other school of the armed forces.19

‘‘(D) Any health care association, profes-20

sional society, or other entity that regulates and21

supports standards and policies applicable to22

the provision of health care by or for the De-23

partment of Defense.24

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‘‘(d) SECRETARY OF DEFENSE AS SECRETARY CON-1

CERNED.—In this section, the term ‘Secretary concerned’2

includes the Secretary of Defense with respect to civilian3

officers and employees of the Department of Defense who4

are not officers or employees of a military department.’’.5


at the beginning of such chapter is amended by inserting7

after the item relating to section 1060a the following new8

item:9

‘‘1060b. Participation in management of non-Federal entities: members of the

armed forces; civilian employees.’’.

SEC. 556. TECHNICAL CORRECTION TO CROSS REFERENCE10

IN ROPMA PROVISION RELATING TO POSI-11

TION VACANCY PROMOTION.12

Section 14317(d) of title 10, United States Code, is13

amended by striking out ‘‘section 14314’’ in the first sen-14

tence and inserting in lieu thereof ‘‘section 14315’’.15

SEC. 557. GRADE OF DEFENSE ATTACHE IN FRANCE.16

The Secretary of Defense and the Chairman of the17

Joint Chiefs of Staff shall take actions appropriate to en-18

sure that each officer selected for assignment to the posi-19

tion of defense attache in France is an officer who holds,20

or is promotable to, the grade of brigadier general or, in21

the case of the Navy, rear admiral (lower half).22

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TITLE VI—COMPENSATION AND1

OTHER PERSONNEL BENEFITS2

Subtitle A—Pay3

SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1998.4

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any5

adjustment required by section 1009 of title 37, United6

States Code, in elements of compensation of members of7

the uniformed services to become effective during fiscal8

year 1998 shall not be made.9

(b) INCREASE IN BASIC PAY.—Effective on January10

1, 1998, the rates of basic pay of members of the uni-11

formed services are increased by 2.8 percent.12

Subtitle B—Subsistence, Housing,13

and Other Allowances14

PART I—REFORM OF BASIC ALLOWANCE FOR15

SUBSISTENCE16

SEC. 611. REVISED ENTITLEMENT AND RATES.17

(a) UNIVERSAL ENTITLEMENT TO BAS EXCEPT18

DURING BASIC TRAINING.—19

(1) IN GENERAL.—Section 402 of title 37,20

United States Code, is amended by striking out sub-21

sections (b) and (c).22

(2) EXCEPTION.—Subsection (a) of such sec-23

tion is amended by adding at the end the following:24

‘‘However, an enlisted member is not entitled to the25

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basic allowance for subsistence during basic train-1

ing.’’.2

(b) RATES BASED ON FOOD COSTS.—Such section,3

as amended by subsection (a), is further amended by in-4

serting after subsection (a) the following new subsection5

(b):6

‘‘(b) RATES OF BAS.—(1) The monthly rate of basic7

allowance for subsistence in effect for an enlisted member8

for a year (beginning on January 1 of the year) shall be9

the amount that is halfway between the following amounts10

that are determined by the Secretary of Agriculture as of11

October 1 of the preceding year:12

‘‘(A) The amount equal to the monthly cost of13

a moderate-cost food plan for a male in the United14

States who is between 20 and 50 years of age.15

‘‘(B) The amount equal to the monthly cost of16

a liberal food plan for a male in the United States17

who is between 20 and 50 years of age.18

‘‘(2) The monthly rate of basic allowance for subsist-19

ence in effect for an officer for a year (beginning on Janu-20

ary 1 of the year) shall be the amount equal to the month-21

ly rate of basic allowance for subsistence in effect for offi-22

cers for the preceding year, increased by the same percent-23

age by which the rate of basic allowance for subsistence24

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for enlisted members for the preceding year is increased1

effective on such January 1.’’.2

(c) CONTINUATION OF ADVANCE PAYMENT AUTHOR-3

ITY.—Such section is further amended by inserting after4

subsection (b), as added by subsection (b) of this section,5

the following new subsection (c):6

‘‘(c) ADVANCE PAYMENT.—The allowance to an en-7

listed member may be paid in advance for a period of not8

more than three months.’’.9

(d) FLEXIBILITY TO MANAGE DEMAND FOR DINING10

AND MESSING SERVICES.—Such section is further amend-11

ed by striking out subsection (e) and inserting in lieu12

thereof the following new subsection (e):13

‘‘(e) POLICIES ON USE OF DINING AND MESSING FA-14

CILITIES.—The Secretary of Defense, in consultation with15

the Secretaries concerned, shall prescribe policies regard-16

ing use of dining and field messing facilities of the uni-17

formed services.’’.18

(e) REGULATIONS.—Such section is further amended19

by adding after subsection (e), as added by subsection (d)20

of this section, the following:21

‘‘(f) REGULATIONS.—(1) The Secretary of Defense22

shall prescribe regulations for the administration of this23

section. Before prescribing the regulations, the Secretary24

shall consult with each Secretary concerned.25

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‘‘(2) The regulations shall include the rates of basic1

allowance for subsistence.’’.2

(f) STYLISTIC AND CONFORMING AMENDMENTS.—3

(1) SUBSECTION HEADINGS.—Such section is4

amended—5

(A) in subsection (a), by inserting ‘‘ENTI-6

TLEMENT.—’’ after ‘‘(a)’’; and7

(B) in subsection (d), by inserting ‘‘COAST8

GUARD.—’’ after ‘‘(d)’’.9

(2) TRAVEL STATUS EXCEPTION TO ENTITLE-10

MENT.—Section 404 of title 37, United States Code,11

is amended—12

(A) by striking out subsection (g); and13

(B) by redesignating subsections (h), (i),14

(j), and (k) as subsections (g), (h), (i), and (j),15

respectively.16

SEC. 612. TRANSITIONAL BASIC ALLOWANCE FOR SUBSIST-17

ENCE.18

(a) BAS TRANSITION PERIOD.—For the purposes of19

this section, the BAS transition period is the period begin-20

ning on the effective date of this part and ending on the21

date that this section ceases to be effective under section22

613(b).23

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(b) TRANSITIONAL AUTHORITY.—Notwithstanding1

section 402 of title 37, United States Code (as amended2

by section 611), during the BAS transition period—3

(1) the basic allowance for subsistence shall not4

be paid under that section for that period;5

(2) a member of the uniformed services is enti-6

tled to the basic allowance for subsistence only as7

provided in subsection (c);8

(3) an enlisted member of the uniformed serv-9

ices may be paid a partial basic allowance for sub-10

sistence as provided in subsection (d); and11

(4) the rates of the basic allowance for subsist-12

ence are those determined under subsection (e).13

(c) TRANSITIONAL ENTITLEMENT TO BAS.—14

(1) ENLISTED MEMBERS.—15

(A) TYPES OF ENTITLEMENT.—An en-16

listed member is entitled to the basic allowance17

for subsistence, on a daily basis, of one of the18

following types—19

(i) when rations in kind are not avail-20

able;21

(ii) when permission to mess sepa-22

rately is granted; and23

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(iii) when assigned to duty under1

emergency conditions where no messing fa-2

cilities of the United States are available.3

(B) OTHER ENTITLEMENT CIRCUM-4

STANCES.—An enlisted member is entitled to5

the allowance while on an authorized leave of6

absence, while confined in a hospital, or while7

performing travel under orders away from the8

member’s designated post of duty other than9

field duty or sea duty (as defined in regulations10

prescribed by the Secretary of Defense). For11

purposes of the preceding sentence, a member12

shall not be considered to be performing travel13

under orders away from his designated post of14

duty if such member—15

(i) is an enlisted member serving his16

first tour of active duty;17

(ii) has not actually reported to a per-18

manent duty station pursuant to orders di-19

recting such assignment; and20

(iii) is not actually traveling between21

stations pursuant to orders directing a22

change of station.23

(C) ADVANCE PAYMENT.—The allowance24

to an enlisted member, when authorized, may25

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be paid in advance for a period of not more1

than three months.2

(2) OFFICERS.—An officer of a uniformed serv-3

ice who is entitled to basic pay is, at all times, enti-4

tled to the basic allowances for subsistence. An avia-5

tion cadet of the Navy, Air Force, Marine Corps, or6

Coast Guard is entitled to the same basic allowance7

for subsistence as is provided for an officer of the8

Navy, Air Force, Marine Corps, or Coast Guard, re-9

spectively.10

(d) TRANSITIONAL AUTHORITY FOR PARTIAL11

BAS.—12

(1) ENLISTED MEMBERS FURNISHED SUBSIST-13

ENCE IN KIND.—The Secretary of Defense may pro-14

vide in regulations for an enlisted member of a uni-15

formed service to be paid a partial basic allowance16

for subsistence when—17

(A) rations in kind are available to the18

member;19

(B) the member is not granted permission20

to mess separately; or21

(C) the member is assigned to duty under22

emergency conditions where messing facilities of23

the United States are available.24

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(2) MONTHLY PAYMENT.—Any partial basic al-1

lowance for subsistence authorized under paragraph2

(1) shall be paid on a monthly basis.3

(e) TRANSITIONAL RATES.—4

(1) FULL BAS FOR OFFICERS.—The rate of5

basic allowance for subsistence that is payable to of-6

ficers of the uniformed services for a year shall be7

the amount that is equal to 101 percent of the rate8

of basic allowance for subsistence that was payable9

to officers of the uniformed services for the preced-10

ing year.11

(2) FULL BAS FOR ENLISTED MEMBERS.—The12

rate of basic allowance for subsistence that is pay-13

able to an enlisted member of the uniformed services14

for a year shall be the higher of—15

(A) the amount that is equal to 101 per-16

cent of the rate of basic allowance for subsist-17

ence that was in effect for similarly situated en-18

listed members of the uniformed services for the19

preceding year; or20

(B) the daily equivalent of what, except for21

subsection (b), would otherwise be the monthly22

rate of basic allowance for subsistence for en-23

listed members under section 402(b)(1) of title24

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37, United States Code (as added by section1

611(b)).2

(3) PARTIAL BAS FOR ENLISTED MEMBERS.—3

The rate of any partial basic allowance for subsist-4

ence paid under subsection (d) for a member for a5

year shall be equal to the lower of—6

(A) the amount equal to the excess, if any,7

of—8

(i) the amount equal to the monthly9

equivalent of the rate of basic allowance10

for subsistence that was in effect for the11

preceding year for enlisted members of the12

uniformed services above grade E–1 (when13

permission to mess separately is granted),14

increased by the same percent by which15

the rates of basic pay for members of the16

uniformed services were increased for the17

year over those in effect for such preceding18

year, over19

(ii) the amount equal to 101 percent20

of the monthly equivalent of the rate of21

basic allowance for subsistence that was in22

effect for the previous year for enlisted23

members of the uniformed services above24

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grade E–1 (when permission to mess sepa-1

rately is granted); or2

(B) the amount equal to the excess of—3

(i) the amount that, except for sub-4

section (b), would otherwise be the month-5

ly rate of basic allowance for subsistence6

for enlisted members under section7

402(b)(1) of title 37, United States Code,8

over9

(ii) the amount equal to the monthly10

equivalent of the value of a daily ration, as11

determined by the Under Secretary of De-12

fense (Comptroller) as of October 1 of the13

preceding year.14

SEC. 613. EFFECTIVE DATE AND TERMINATION OF TRANSI-15

TIONAL AUTHORITY.16

(a) EFFECTIVE DATE.—This part and the amend-17

ments made by section 611 shall take effect on January18

1, 1998.19

(b) TERMINATION OF TRANSITIONAL PROVISIONS.—20

Section 612 shall cease to be effective on the first day21

of the month immediately following the first month for22

which the monthly equivalent of the rate of basic allowance23

for subsistence payable to enlisted members of the uni-24

formed services (when permission to mess separately is25

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granted), as determined under subsection (e)(2) of such1

section, equals or exceeds the amount that, except for sub-2

section (b) of such section, would otherwise be the monthly3

rate of basic allowance for subsistence for enlisted mem-4

bers under section 402(b)(1) of title 37, United States5

Code.6

PART II—REFORM OF HOUSING AND RELATED7

ALLOWANCES8

SEC. 616. ENTITLEMENT TO BASIC ALLOWANCE FOR HOUS-9

ING.10

(a) REDESIGNATION OF BAQ.—Section 403 of title11

37, United States Code, is amended by striking out ‘‘basic12

allowance for quarters’’ each place it appears, except in13

subsections (f) and (m), and inserting in lieu thereof14

‘‘basic allowance for housing’’.15

(b) RATES.—Subsection (a) of such section is amend-16

ed by striking out ‘‘section 1009’’ and inserting in lieu17

thereof ‘‘section 403a’’.18

(c) TEMPORARY HOUSING ALLOWANCE WHILE IN19

TRAVEL OR LEAVE STATUS.—Subsection (f) of such sec-20

tion is amended to read as follows:21

‘‘(f) TEMPORARY HOUSING ALLOWANCE WHILE IN22

TRAVEL OR LEAVE STATUS.—A member of a uniformed23

service who is in pay grade above E–4 (four or more years24

of service) or above is entitled to a temporary housing al-25

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lowance (at a rate determined under section 403a of this1

title) while the member is in a travel or leave status be-2

tween permanent duty stations, including time granted as3

delay en route or proceed time, when the member is not4

assigned to quarters of the United States.’’.5

(d) DETERMINATIONS NECESSARY FOR ADMINISTER-6

ING AUTHORITY FOR ALL MEMBERS.—Subsection (h) of7

such section is amended by striking out ‘‘enlisted’’ each8

place it appears.9

(e) ENTITLEMENT OF MEMBERS NOT ENTITLED TO10

PAY.—Subsection (i) of such section is amended by strik-11

ing out ‘‘enlisted’’.12

(f) TEMPORARY HOUSING AND ALLOWANCE FOR13

SURVIVORS OF ACTIVE DUTY MEMBERS.—14

(1) CONTINUATION OF OCCUPANCY.—Para-15

graph (1) of subsection (l) of such section is amend-16

ed by striking out ‘‘in line of duty’’ and inserting in17

lieu thereof ‘‘on active duty’’.18

(2) ALLOWANCE.—Paragraph (2) of such sub-19

section is amended to read as follows:20

‘‘(2)(A) The Secretary concerned may pay a basic al-21

lowance for housing (at the rate determined under section22

403a of this title) to the dependents of a member of the23

uniformed services who dies while on active duty and24

whose dependents—25

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‘‘(i) are not occupying a housing facility under1

the jurisdiction of a uniformed service on the date2

of the member’s death;3

‘‘(ii) are occupying such housing on a rental4

basis on such date; or5

‘‘(iii) vacate such housing sooner than 180 days6

after the date of the member’s death.7

‘‘(B) The payment of the allowance under this sub-8

section shall terminate 180 days after the date of the9

member’s death.’’.10

(g) ENTITLEMENT OF MEMBER PAYING CHILD SUP-11

PORT.—Subsection (m) of such section is amended to read12

as follows:13

‘‘(m) MEMBERS PAYING CHILD SUPPORT.—(1) A14

member of a uniformed service with dependents may not15

be paid a basic allowance for housing at the with depend-16

ents rate solely by reason of the payment of child support17

by the member if—18

‘‘(A) the member is assigned to a housing facil-19

ity under the jurisdiction of a uniformed service; or20

‘‘(B) the member is in a pay grade above E–21

4, is assigned to sea duty, and elects not to occupy22

assigned quarters for unaccompanied personnel.23

‘‘(2) A member of a uniformed service assigned to24

quarters of the United States or a housing facility under25

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S 936 RFH

the jurisdiction of a uniformed service who is not other-1

wise authorized a basic allowance for housing and who2

pays child support is entitled to the basic allowance for3

housing differential (at the rate applicable under section4

403a of this title) to the members’ pay grade except for5

months for which the amount payable for the child support6

is less than the rate of the differential. Payment of a basic7

allowance for housing differential does not affect any enti-8

tlement of the member to a partial allowance for quarters9

under subsection (o).’’.10

(h) REPLACEMENT OF VHA BY BASIC ALLOWANCE11

FOR HOUSING.—12

(1) MEMBERS NOT ACCOMPANIED BY DEPEND-13

ENTS OUTSIDE CONUS.—Such section is further14


‘‘(n) MEMBERS NOT ACCOMPANIED BY DEPENDENTS16

OUTSIDE CONUS.—(1) A member of a uniformed service17

with dependents who is assigned to an unaccompanied18

tour of duty outside the continental United States is eligi-19

ble for a basic allowance for housing as provided in20

paragraph (2).21

‘‘(2)(A) For any period during which the dependents22

of a member referred to in paragraph (1) reside in the23

United States where, if the member were residing with24

them, the member would be entitled to receive a basic al-25

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lowance for housing, the member is entitled to a basic al-1

lowance for housing at the rate applicable under section2

403a of this title to the member’s pay grade and the loca-3

tion of the residence of the member’s dependents.4

‘‘(B) A member referred to in paragraph (1) may be5

paid a basic allowance for housing at the rate applicable6

under section 403a of this title to the members’s pay7

grade and location.8

‘‘(3) Payment of a basic allowance for housing to a9

member under paragraph (2)(B) shall be in addition to10

any allowance or per diem to which the member otherwise11

may be entitled under this title.’’.12

(2) MEMBERS NOT ACCOMPANIED BY DEPEND-13

ENTS INSIDE CONUS.—Paragraph (2) of section14

403a(a) of title 37, United States Code, is trans-15

ferred to the end of section 403 of such title and,16

as transferred, is amended—17

(A) by striking out ‘‘(2)’’ and inserting in18

lieu thereof ‘‘(o) MEMBERS NOT ACCOMPANIED19

BY DEPENDENTS INSIDE CONUS.—’’;20

(B) by striking out ‘‘variable housing al-21

lowance’’ each place it appears and inserting in22

lieu thereof ‘‘basic allowance for housing’’;23

(C) by striking out ‘‘(under regulations24

prescribed under subsection (e))’’ in the matter25

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following subparagraph (B) and inserting in1

lieu thereof ‘‘(under regulations prescribed by2

the Secretary of Defense)’’; and3

(D) by redesignating subparagraphs (A)4

and (B) as paragraphs (1) and (2), respectively.5

(3) REPEAL OF VHA ALLOWANCE.—Section6

403a of title 37, United States Code, is repealed.7

(i) MEMBERS WITHOUT DEPENDENTS.—Section 4038

of such title, as amended by subsection (f), is further9


‘‘(p) PARTIAL ALLOWANCE FOR MEMBERS WITHOUT11

DEPENDENTS.—A member of a uniformed service without12

dependents who is not entitled to receive a basic allowance13

for housing under subsection (b) or (c) is entitled to a14

partial allowance for quarters determined under section15

403a of this title.’’.16

(j) STYLISTIC AMENDMENTS.—Section 403 of title17

37, United States Code, as amended by this section, is18

further amended—19

(1) in subsection (a), by striking out ‘‘(a)(1)’’20

and inserting in lieu thereof ‘‘(a) GENERAL ENTI-21

TLEMENT.—(1)’’;22

(2) in subsection (b), by striking out ‘‘(b)(1)’’23

and inserting in lieu thereof ‘‘(b) MEMBERS AS-24

SIGNED TO QUARTERS.—(1)’’;25

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(3) in subsection (c), by striking out ‘‘(c)(1)’’1

and inserting in lieu thereof ‘‘(c) INELIGIBILITY2

DURING INITIAL FIELD DUTY OR SEA DUTY.—3

(1)’’;4

(4) in subsection (d), by striking out ‘‘(d)(1)’’5

and inserting in lieu thereof ‘‘(d) PROHIBITED6

GROUNDS FOR DENIAL.—(1)’’;7

(5) in subsection (e), by inserting ‘‘RENTAL OF8

PUBLIC QUARTERS.—’’ after ‘‘(e)’’;9

(6) in subsection (g), by inserting ‘‘AVIATION10

CADETS.—’’ after ‘‘(g)’’;11

(7) in subsection (h), by inserting ‘‘NECESSARY12

DETERMINATIONS.—’’ after ‘‘(h)’’;13

(8) in subsection (i), by inserting ‘‘ENTITLE-14

MENT OF MEMBER NOT ENTITLED TO PAY.—’’15

after ‘‘(i)’’;16

(9) in subsection (j), by striking out ‘‘(j)(1)’’17

and inserting in lieu thereof ‘‘(j) ADMINISTRATIVE18

AUTHORITY.—(1)’’;19

(10) in subsection (k), by inserting ‘‘PARKING20

FACILITIES NOT CONSIDERED QUARTERS.—’’ after21

‘‘(k)’’; and22

(11) in subsection (l), by striking out ‘‘(l)(1)’’23

and inserting in lieu thereof ‘‘(l) DEPENDENTS OF24

MEMBERS DYING ON ACTIVE DUTY.—(1)’’.25

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(k) SECTION HEADING.—The heading of section 4031

of title 37, United States Code, is amended to read as2

follows:3

‘‘§ 403. Basic allowance for housing: eligibility’’.4

SEC. 617. RATES OF BASIC ALLOWANCE FOR HOUSING.5


by inserting after section 403 the following new section7

403a:8

‘‘§ 403a. Basic allowance for housing: rates9

‘‘(a) RATES PRESCRIBED BY SECRETARY OF DE-10

FENSE.—The Secretary of Defense shall prescribe month-11

ly rates of basic allowance for housing payable under sec-12

tion 403 of this title. The Secretary shall specify the rates,13

by pay grade and dependency status, for each geographic14

area defined in accordance with subsection (b).15

‘‘(b) GEOGRAPHIC BASIS FOR RATES.—(1) The Sec-16

retary shall define the areas within the United States and17

the areas outside the United States for which rates of18

basic allowance for housing are separately specified.19

‘‘(2) For each area within the United States that is20

defined under paragraph (1), the Secretary shall deter-21

mine the costs of housing in that area that the Secretary22

considers adequate for civilians residents of that area23

whose relevant circumstances the Secretary considers as24

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being comparable to those of members of the uniformed1

services.2

‘‘(3) For each area outside the United States defined3

under paragraph (1), the Secretary shall determine the4

costs of housing in that area that the Secretary considers5

adequate for members of the uniformed services.6

‘‘(c) RATES WITHIN THE UNITED STATES.—(1) Sub-7

ject to paragraph (2), the monthly rate of basic allowance8

for housing for members of the uniformed services of a9

particular grade and dependency status for an area within10

the United States shall be the amount equal to the excess11

of—12

‘‘(A) the monthly cost of housing determined13

applicable for members of that grade and depend-14

ency status for that area under subsection (b), over15

‘‘(B) the amount equal to 15 percent of the av-16

erage of the monthly costs of housing determined17

applicable for members of the uniformed services of18

that grade and dependency status for all areas of19

the United States under subsection (b).20

‘‘(2) The rates of basic allowance for housing deter-21

mined under paragraph (1) shall be reduced as necessary22

to comply with subsection (g).23

‘‘(d) RATES OUTSIDE THE UNITED STATES.—The24

monthly rate of basic allowance for housing for members25

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of the uniformed services of a particular grade and de-1

pendency status for an area outside the United States2

shall be an amount appropriate for members of the uni-3

formed services of that grade and dependency status for4

that area, as determined by the Secretary on the basis5

of the costs of housing in that area.6

‘‘(e) ADJUSTMENTS WHEN RATES OF BASIC PAY IN-7

CREASED.—The Secretary of Defense shall periodically re-8

determine the housing costs for areas under subsection (b)9

and adjust the rates of basic allowance for housing as ap-10

propriate on the basis of the redetermination of costs. The11

effective date of any adjustment in rates of basic allowance12

for housing for an area as a result of such a redetermina-13

tion shall be the same date as the effective date of the14

next increase in rates of basic pay for members of the uni-15

formed services after the redetermination.16

‘‘(f) SAVINGS OF RATE.—The rate of basic allowance17

for housing payable to a particular member for an area18

within the United States may not be reduced during a con-19

tinuous period of eligibility of the member to receive a20

basic allowance for housing for that area by reason of—21

‘‘(1) a general reduction of rates of basic allow-22

ance for housing for members of the same grade and23

dependency status for the area taking effect during24

the period; or25

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S 936 RFH

‘‘(2) a promotion of the member during the pe-1

riod.2

‘‘(g) FISCAL YEAR LIMITATION ON TOTAL ALLOW-3

ANCES PAID FOR HOUSING INSIDE THE UNITED4

STATES.—(1) The total amount that may be paid for a5

fiscal year for the basic allowance for housing for areas6

within the United States by authorized members of the7

uniformed services by section 403 of this title is the prod-8

uct of—9

‘‘(A) the total amount authorized to be paid for10

the allowance for such areas for the preceding fiscal11

year (as adjusted under paragraph (2)); and12

‘‘(B) the fraction—13

‘‘(i) the numerator of which is the average14

of the costs of housing determined by the Sec-15

retary under subsection (b)(2) for the areas of16

the United States for June of the preceding fis-17

cal year; and18

‘‘(ii) the denominator of which is the aver-19

age of the costs of housing determined by the20

Secretary under subsection (b)(2) for the areas21

of the United States for June of the fiscal year22

before the preceding fiscal year.23

‘‘(2) In making a determination under paragraph (1)24

for a fiscal year, the Secretary shall adjust the amount25

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authorized to be paid for the preceding fiscal year for the1

basic allowance for housing to reflect changes (during the2

fiscal year for which the determination is made) in the3

number, grade distribution, and dependency status of4

members of the uniformed services entitled to the basic5

allowance for housing from the number of such members6

during such preceding fiscal year.7

‘‘(h) MEMBERS EN ROUTE BETWEEN PERMANENT8

DUTY STATIONS.—The Secretary of Defense shall pre-9

scribe in regulations the rate of the temporary housing10

allowance to which a member is entitled under section11

403(f) of this title while the member is in a travel or leave12

status between permanent duty stations.13

‘‘(i) SURVIVORS OF MEMBERS DYING ON ACTIVE14

DUTY.— The rate of the basic allowance for housing pay-15

able to dependents of a deceased member under section16

403(l)(2) of this title shall be the rate that is payable for17

members of the same grade and dependency status as the18

deceased member for the area where the dependents are19

residing.20

‘‘(j) MEMBERS PAYING CHILD SUPPORT.—(1) The21

basic allowance for housing differential to which a member22

is entitled under section 403(m)(2) of this title is the23

amount equal to the excess of—24

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S 936 RFH

‘‘(A) the rate of the basic allowance for quar-1

ters (with dependents) for the member’s pay grade,2

as such rate was in effect on December 31, 1997,3

under section 403 of this title (as such section was4

in effect on such date), over5

‘‘(B) the rate of the basic allowance for quar-6

ters (without dependents) for the member’s pay7

grade, as such rate was in effect on December 31,8

1997, under section 403 of this title (as such section9

was in effect on that date).10

‘‘(2) Whenever the rates of basic pay for members11

of the uniformed services are increased, the monthly12

amount of the basic allowance for housing differential13

shall be increased by the average percent increase in the14

rates of basic pay. The effective date of the increase shall15

be the same date as the effective date in the increase in16

the rates of basic pay.17

‘‘(k) PARTIAL ALLOWANCE FOR QUARTERS.—The18

rate of the partial allowance for quarters to which a mem-19

ber without dependents is entitled under section 403(p)20

of this title is the partial rate of basic allowance for quar-21

ters for the member’s pay grade as such partial rate was22

in effect on December 31, 1997, under section 1009(c)(2)23

of this title (as such section was in effect on such date).’’.24

219

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SEC. 618. DISLOCATION ALLOWANCE.1

(a) AMOUNT.—Section 407 of title 37, United States2


(1) in subsection (a), by striking out ‘‘equal to4

the basic allowance for quarters for two and one-half5

months as provided for the member’s pay grade and6

dependency status in section 403 of this title’’ in the7

matter preceding paragraph (1) and inserting in lieu8

thereof ‘‘determined under subsection (g)’’;9

(2) in subsection (b), by striking out ‘‘equal to10

the basic allowance for quarters for two months as11

provided for a member’s pay grade and dependency12

status in section 403 of this title’’ and inserting in13

lieu thereof ‘‘determined under subsection (g)’’; and14


‘‘(g) AMOUNT.—(1) The dislocation allowance pay-16

able to a member under subsection (a) shall be the amount17

equal to 160 percent of the monthly national average cost18

of housing determined for members of the same grade and19

dependency status as the member.20

‘‘(2) The dislocation allowance payable to a member21

under subsection (b) shall be the amount equal to 130 per-22

cent of the monthly national average cost of housing deter-23

mined for members of the same grade and dependency sta-24

tus as the member.25

220

S 936 RFH

‘‘(3) In this section, the term ‘monthly national aver-1

age cost of housing’, with respect to members of a particu-2

lar grade and dependency status, means the average of3

the monthly costs of housing that the Secretary deter-4

mines adequate for members of that grade and depend-5

ency status for all areas in the United States under section6

403a(b)(2) of this title.’’.7

(b) STYLISTIC AMENDMENTS.—Such section is8

amended—9

(1) in subsection (a), by inserting ‘‘FIRST AL-10

LOWANCE.—’’ after ‘‘(a)’’;11

(2) in subsection (b), by inserting ‘‘SECOND12

ALLOWANCE.—’’ after ‘‘(b)’’;13

(3) in subsection (c), by inserting ‘‘ONE AL-14

LOWANCE PER FISCAL YEAR.—’’ after ‘‘(c)’’;15

(4) in subsection (d), by inserting ‘‘NO ENTI-16

TLEMENT FOR FIRST AND LAST MOVES.—’’ after17

‘‘(d)’’;18

(5) in subsection (e), by inserting ‘‘WHEN19

MEMBER WITH DEPENDENTS CONSIDERED MEM-20

BER WITHOUT DEPENDENTS.—’’ after ‘‘(e)’’; and21

(6) in subsection (f), by inserting ‘‘PAYMENT IN22

ADVANCE.—’’ after ‘‘(f)’’.23

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SEC. 619. FAMILY SEPARATION AND STATION ALLOW-1

ANCES.2

(a) FAMILY SEPARATION ALLOWANCE.—3

(1) REPEAL OF AUTHORITY FOR ALLOWANCE4

EQUAL TO BAQ.—Section 427 of title 37, United5

States Code, is amended by striking out subsection6

(a).7

(2) CONFORMING AMENDMENTS.—Subsection8

(b) of such section is amended—9

(A) by striking out ‘‘(b) ADDITIONAL SEP-10

ARATION ALLOWANCE.—’’;11

(B) by redesignating paragraphs (1), (2),12

(3), (4), and (5), as subsections (a), (b), (c),13

(d), and (e), respectively;14

(C) in subsection (a), as so redesignated—15

(i) by inserting ‘‘ENTITLEMENT.—’’16

after ‘‘(a)’’;17

(ii) by striking out ‘‘, including sub-18

section (a),’’; and19

(iii) by redesignating subparagraphs20

(A), (B), (C), and (D) as paragraphs (1),21

(2), (3), and (4), respectively;22

(D) in subsection (b), as redesignated by23

paragraph (2)—24

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(i) by inserting ‘‘EFFECTIVE DATE1

FOR SEPARATION DUE TO CRUISE OR2

TEMPORARY DUTY.—’’ after ‘‘(b)’’;3

(ii) by striking out ‘‘subsection by vir-4

tue of duty described in subparagraph (B)5

or (C) of paragraph (1)’’ and inserting in6

lieu thereof ‘‘section by virtue of duty de-7

scribed in paragraph (2) or (3) of sub-8

section (a)’’;9

(iii) by redesignating subparagraphs10

(A) and (B) as paragraphs (1) and (2), re-11

spectively; and12

(iv) in paragraph (2), as so13

redesignated—14

(I) by striking out ‘‘subsection’’15

and inserting in lieu thereof ‘‘sec-16

tion’’; and17

(II) by striking out ‘‘subpara-18

graphs’’ and inserting in lieu thereof19

‘‘paragraphs’’;20

(E) in subsection (c), as redesignated by21

paragraph (2)—22

(i) by inserting ‘‘ENTITLEMENT23

WHEN NO RESIDENCE OR HOUSEHOLD24

223

S 936 RFH

MAINTAINED FOR DEPENDENTS.—’’ after1

‘‘(c)’’; and2

(ii) by striking out ‘‘subsection’’ and3

inserting in lieu thereof ‘‘section’’;4

(F) in subsection (d), as redesignated by5

paragraph (2)—6

(i) by inserting ‘‘EFFECT OF ELEC-7

TION OF UNACCOMPANIED TOUR.—’’ after8

‘‘(d)’’; and9

(ii) by striking out ‘‘paragraph (1)(A)10

of this subsection’’ and inserting in lieu11

thereof ‘‘subsection (a)(1)’’; and12

(G) in subsection (e), as redesignated by13

paragraph (2)—14

(i) by inserting ‘‘ENTITLEMENT15

WHILE DEPENDENT ENTITLED TO BASIC16

PAY.—’’ after ‘‘(e)’’; and17

(ii) by striking out ‘‘paragraph18

(1)(D)’’ each place it appears and insert-19

ing in lieu thereof ‘‘subsection (a)(4)’’.20

(b) STATION ALLOWANCE.—21

(1) REPEAL OF AUTHORITY.—Section 405 of22

title 37, United States Code, is amended by striking23

out subsection (b).24

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S 936 RFH

(2) CONFORMING AMENDMENT.—Such section1

is further amended by redesignating subsections (c)2

and (d) as subsections (b) and (c), respectively.3

SEC. 620. OTHER CONFORMING AMENDMENTS.4

(a) DEFINITION OF REGULAR MILITARY COMPENSA-5

TION.—Section 101(25) of title 37, United States Code,6

is amended by striking out ‘‘basic allowance for quarters7

(including any variable housing allowance or station allow-8

ance)’’ and inserting in lieu thereof ‘‘basic allowance for9

housing.’’.10

(b) ALLOWANCES WHILE PARTICIPATING IN INTER-11

NATIONAL SPORTS.—Section 420(c) of such title is12

amended by striking out ‘‘quarters’’ and inserting in lieu13

thereof ‘‘housing’’.14

(c) PAYMENTS TO MISSING PERSONS.—Section15

551(3)(D) of such title is amended by striking out ‘‘quar-16

ters’’ and inserting in lieu thereof ‘‘housing’’.17

(d) PAYMENT DATE.—Section 1014(a) of such title18

is amended by striking out ‘‘basic allowance for quarters’’19

and inserting in lieu thereof ‘‘basic allowance for hous-20

ing’’.21

(e) OCCUPANCY OF SUBSTANDARD FAMILY HOUS-22

ING.—Section 2830(a) of title 10, United States Code, is23

amended by striking out ‘‘basic allowance for quarters’’24

225

S 936 RFH

each place it appears and inserting in lieu thereof ‘‘basic1

allowance for housing’’.2

SEC. 621. CLERICAL AMENDMENT.3

The table of sections at the beginning of chapter 74


out the items relating to section 403 and 403a and insert-6

ing in lieu thereof the following:7

‘‘403. Basic allowance for housing: eligibility.

‘‘403a. Basic allowance for housing: rates.’’.

SEC. 622. EFFECTIVE DATE.8

This part and the amendments made by this part9

shall take effect on January 1, 1998.10

PART III—OTHER AMENDMENTS RELATING TO11

ALLOWANCES12

SEC. 626. REVISION OF AUTHORITY TO ADJUST COMPENSA-13

TION NECESSITATED BY REFORM OF SUB-14

SISTENCE AND HOUSING ALLOWANCES.15

(a) CONFORMING REPEAL OF AUTHORITY RELATING16

TO BAS AND BAQ.—17

(1) IN GENERAL.—Section 1009 of title 37,18

United States Code, is amended to read as follows:19

‘‘§ 1009. Adjustments of monthly basic pay20

‘‘(a) ADJUSTMENT REQUIRED.—Whenever the Gen-21

eral Schedule of compensation for Federal classified em-22

ployees as contained in section 5332 of title 5 is adjusted23

upward, the President shall immediately make an upward24

226

S 936 RFH

adjustment in the monthly basic pay authorized members1

of the uniformed services by section 203(a) of this title.2

‘‘(b) EFFECTIVENESS OF ADJUSTMENT.—An adjust-3

ment under this section shall—4

‘‘(1) have the force and effect of law; and5

‘‘(2) carry the same effective date as that ap-6

plying to the compensation adjustments provided7

General Schedule employees.8

‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEM-9

BERS.—Subject to subsection (d), an adjustment under10

this section shall provide all eligible members with an in-11

crease in the monthly basic pay which is of the same per-12

centage as the overall average percentage increase in the13

General Schedule rates of basic pay for civilian employees.14

‘‘(d) ALLOCATION OF INCREASE AMONG PAY15

GRADES AND YEARS-OF-SERVICE.—(1) Subject to para-16

graph (2), whenever the President determines such action17

to be in the best interest of the Government, he may allo-18

cate the overall percentage increase in the monthly basic19

pay under subsection (a) among such pay grade and years-20

of-service categories as he considers appropriate.21

‘‘(2) In making any allocation of an overall percent-22

age increase in basic pay under paragraph (1)—23

‘‘(A) the amount of the increase in basic pay24

for any given pay grade and years-of-service cat-25

227

S 936 RFH

egory after any allocation made under this sub-1

section may not be less than 75 percent of the2

amount of the increase in the monthly basic pay that3

would otherwise have been effective with respect to4

such pay grade and years-of-service category under5

subsection (c); and6

‘‘(B) the percentage increase in the monthly7

basic pay in the case of any member of the uni-8

formed services with four years or less service may9

not exceed the overall percentage increase in the10

General Schedule rates of basic pay for civilian em-11

ployees.12

‘‘(e) NOTICE OF ALLOCATIONS.—Whenever the13

President plans to exercise his authority under subsection14

(d) with respect to any anticipated increase in the monthly15

basic pay of members of the uniformed services, he shall16

advise Congress, at the earliest practicable time prior to17

the effective date of such increase, regarding the proposed18

allocation of such increase.19

‘‘(f) QUADRENNIAL ASSESSMENT OF ALLOCA-20

TIONS.—The allocations of increases made under this sec-21

tion shall be assessed in conjunction with the quadrennial22

review of military compensation required by section23

1008(b) of this title.’’.24

228

S 936 RFH

(2) CLERICAL AMENDMENT.—The item relating1

to such section in the table of sections at the begin-2

ning of chapter 19 of such title is amended to read3

as follows:4

‘‘1009. Adjustments of monthly basic pay.’’.


subsection (a) shall take effect on January 1, 1998.6

SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE7

MUSTER DUTY ALLOWANCE.8

Section 433(c) of title 37, United States Code, is9

amended by striking out ‘‘and shall’’ in the first sentence10

and all that follows in that sentence and inserting in lieu11

thereof a period and the following: ‘‘The allowance shall12

be paid to the member before, on, or after the date on13

which the muster duty is performed, but not later than14

30 days after that date.’’.15

Subtitle C—Bonuses and Special16

and Incentive Pays17

SEC. 631. ONE-YEAR EXTENSION OF CERTAIN BONUSES18

AND SPECIAL PAY AUTHORITIES FOR RE-19

SERVE FORCES.20

(a) SPECIAL PAY FOR CRITICALLY SHORT WARTIME21

HEALTH SPECIALISTS.—Section 302g(f) of title 37,22

United States Code, is amended by striking out ‘‘Septem-23

ber 30, 1998’’ and inserting in lieu thereof ‘‘September24

30, 1999’’.25

229

S 936 RFH

(b) SELECTED RESERVE REENLISTMENT BONUS.—1

Section 308b(f) of title 37, United States Code, is amend-2

ed by striking out ‘‘September 30, 1998’’ and inserting3

in lieu thereof ‘‘September 30, 1999’’.4

(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-5

tion 308c(e) of title 37, United States Code, is amended6

by striking out ‘‘September 30, 1998’’ and inserting in7

lieu thereof ‘‘September 30, 1999’’.8

(d) SPECIAL PAY FOR ENLISTED MEMBERS AS-9

SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section10

308d(c) of title 37, United States Code, is amended by11

striking out ‘‘September 30, 1998’’ and inserting in lieu12

thereof ‘‘September 30, 1999’’.13

(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-14

tion 308e(e) of title 37, United States Code, is amended15

by striking out ‘‘September 30, 1998’’ and inserting in16

lieu thereof ‘‘September 30, 1999’’.17

(f) READY RESERVE ENLISTMENT AND REENLIST-18

MENT BONUS.—Section 308h(g) of title 37, United States19

Code, is amended by striking out ‘‘September 30, 1998’’20

and inserting in lieu thereof ‘‘September 30, 1999’’.21

(g) PRIOR SERVICE ENLISTMENT BONUS.—Section22

308i(i) of title 37, United States Code, is amended by23



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(h) REPAYMENT OF EDUCATION LOANS FOR CER-1

TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-2

LECTED RESERVE.—Section 16302(d) of title 10, United3

States Code, is amended by striking out ‘‘October 1,4

1998’’ and inserting in lieu thereof ‘‘October 1, 1999’’.5

SEC. 632. ONE-YEAR EXTENSION OF CERTAIN BONUSES6

AND SPECIAL PAY AUTHORITIES FOR NURSE7

OFFICER CANDIDATES, REGISTERED NURSES,8

AND NURSE ANESTHETISTS.9

(a) NURSE OFFICER CANDIDATE ACCESSION PRO-10

GRAM.—Section 2130a(a)(1) of title 10, United States11



(b) ACCESSION BONUS FOR REGISTERED NURSES.—14

Section 302d(a)(1) of title 37, United States Code, is15

amended by striking out ‘‘September 30, 1998’’ and in-16

serting in lieu thereof ‘‘September 30, 1999’’.17

(c) INCENTIVE SPECIAL PAY FOR NURSE ANES-18

THETISTS.—Section 302e(a)(1) of title 37, United States19



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SEC. 633. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-1

ING TO PAYMENT OF OTHER BONUSES AND2

SPECIAL PAYS.3

(a) REENLISTMENT BONUS FOR ACTIVE MEM-4

BERS.—Section 308(g) of title 37, United States Code, is5



(b) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—8

Sections 308a(c) and 308f(c) of title 37, United States9

Code, are each amended by striking out ‘‘September 30,10


1999’’.12

(c) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI-13

CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section14

312(e) of title 37, United States Code, is amended by15



(d) NUCLEAR CAREER ACCESSION BONUS.—Section18

312b(c) of title 37, United States Code, is amended by19



(e) NUCLEAR CAREER ANNUAL INCENTIVE22

BONUS.—Section 312c(d) of title 37, United States Code,23

is amended by striking out ‘‘October 1, 1998’’ and insert-24

ing in lieu thereof ‘‘October 1, 1999’’.25

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SEC. 634. INCREASED AMOUNTS FOR AVIATION CAREER IN-1

CENTIVE PAY.2

(a) AMOUNTS.—The table in subsection (b)(1) of sec-3

tion 301a(b)(1) of title 37, United States Code, is4

amended—5

(1) by inserting at the end of phase I of the6

table the following:7

‘‘Over 14 ............................................................................................ 840’’;

and8

(2) by striking out phase II of the table and in-9

serting in lieu thereof the following:10

‘‘PHASE II

‘‘Monthly

‘‘Years of service as an officer: rate

‘‘Over 22 ............................................................................................ $585

‘‘Over 23 ............................................................................................ 495

‘‘Over 24 ............................................................................................ 385

‘‘Over 25 ............................................................................................ 250’’.

(b) EFFECTIVE DATE AND APPLICABILITY.—The11

amendments made by subsection (a) shall take effect on12

October 1, 1998, and shall apply with respect to months13

beginning on or after that date.14

SEC. 635. AVIATION CONTINUATION PAY.15

(a) EXTENSION OF AUTHORITY.—Subsection (a) of16

section 301b of title 37, United States Code, is amended17

by striking out ‘‘1998’’ and inserting in lieu thereof18

‘‘2005’’.19

(b) BONUS AMOUNTS.—Subsection (c) of such sec-20

tion is amended—21

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(1) in paragraph (1), by striking out ‘‘$12,000’’1

and inserting in lieu thereof ‘‘$25,000’’; and2

(2) in paragraph (2), by striking out ‘‘$6,000’’3

and inserting in lieu thereof ‘‘$12,000’’.4

(c) DEFINITION OF AVIATION SPECIALTY.—Sub-5

section (j)(2) of such section is amended by inserting ‘‘spe-6

cific’’ before ‘‘community’’.7

(d) CONTENT OF ANNUAL REPORT.—Subsection8

(i)(1) of such section is amended—9

(1) by inserting ‘‘and’’ at the end of subpara-10

graph (A);11

(2) by striking out the semicolon and ‘‘and’’ at12

the end of subparagraph (B) and inserting in lieu13

thereof a period; and14

(3) by striking out subparagraph (C).15

(e) EFFECTIVE DATES AND APPLICABILITY.—(1)16

Except as provided in paragraphs (1) and (2), the amend-17

ments made by this section shall take effect on the date18

of the enactment of this Act.19

(2) The amendment made by subsection (b) shall take20

effect on October 1, 1997, and shall apply with respect21

to agreements accepted under subsection (a) of section22

301b of title 37, United States Code, on or after that date.23

(3) The amendment made by subsection (c) shall take24

effect as of October 1, 1996, and shall apply with respect25

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to agreements accepted under subsection (a) of section1

301b of title 37, United States Code, on or after that date.2

SEC. 636. ELIGIBILITY OF DENTAL OFFICERS FOR THE3

MULTIYEAR RETENTION BONUS PROVIDED4

FOR MEDICAL OFFICERS.5

(a) ADDITION OF DENTAL OFFICERS.—Section 301d6

of title 37, United States Code, is amended—7

(1) in subsection (a)(1), by inserting ‘‘or den-8

tal’’ after ‘‘medical’’; and9

(2) in subsection (b)—10

(A) in paragraph (1)—11

(i) by inserting ‘‘or Dental Corps’’12

after ‘‘Medical Corps’’; and13

(ii) by inserting ‘‘or dental’’ after14

‘‘medical’’; and15

(B) in paragraph (3), by inserting ‘‘or den-16

tal’’ after ‘‘medical’’.17

(b) CONFORMING AMENDMENT AND RELATED CLER-18

ICAL AMENDMENT.—(1) The heading of such section is19

amended to read as follows:20

‘‘§ 301d. Multiyear retention bonus: medical and den-21

tal officers of the armed forces’’.22

(2) The item relating to such section in the table of23

sections at the beginning of chapter 5 of title 37, United24


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‘‘301d. Multiyear retention bonus: medical and dental officers of the armed

forces.’’.


this section shall take effect on October 1, 1997, and apply2

to agreements accepted under section 301d of title 37,3

United States Code, on or after that date.4

SEC. 637. INCREASED SPECIAL PAY FOR DENTAL OFFICERS.5

(a) VARIABLE SPECIAL PAY FOR OFFICERS BELOW6

GRADE O–7.—Paragraph (2) of section 302b(a) of title7

37, United States Code, is amended by striking out sub-8

paragraphs (C), (D), (E), and (F), and inserting in lieu9

thereof the following:10

‘‘(C) $4,000 per year, if the officer has at least11

six but less than 8 years of creditable service.12

‘‘(D) $12,000 per year, if the officer has at13

least 8 but less than 12 years of creditable service.14

‘‘(E) $10,000 per year, if the officer has at15

least 12 but less than 14 years of creditable service.16

‘‘(F) $9,000 per year, if the officer has at least17

14 but less than 18 years of creditable service.18

‘‘(G) $8,000 per year, 18 or more years of cred-19

itable service.’’.20

(b) VARIABLE SPECIAL PAY FOR OFFICERS ABOVE21

GRADE O–6.—Paragraph (3) of such section is amended22

by striking out ‘‘$1,000’’ and inserting in lieu thereof23

‘‘$7,000’’.24

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(c) ADDITIONAL SPECIAL PAY.—Paragraph (4) of1

such section is amended—2

(1) in subparagraph (B), by striking out ‘‘14’’3

and inserting in lieu thereof ‘‘10’’; and4

(2) by striking out subparagraphs (C) and (D)5

and inserting in lieu thereof the following:6

‘‘(C) $15,000 per year, if the officer has 10 or7

more years of creditable service.’’.8


this section shall take effect on October 1, 1997, and shall10

apply with respect to months beginning on or after that11

date.12

SEC. 638. MODIFICATION OF SELECTED RESERVE REEN-13

LISTMENT BONUS AUTHORITY.14

(a) ELIGIBILITY OF MEMBERS WITH UP TO 1415

YEARS OF TOTAL SERVICE.—Subsection (a) of section16

308b of title 37, United States Code, is amended by strik-17

ing out ‘‘ten years’’ in paragraph (1) and inserting in lieu18

thereof ‘‘14 years’’.19

(b) TWO-BONUS AUTHORITY FOR CONSECUTIVE 3-20

YEAR ENLISTMENTS.—Such subsection is further21

amended—22

(1) by redesignating paragraphs (1) and (2) as23

subparagraphs (A) and (B), respectively;24

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S 936 RFH

(2) by inserting ‘‘AUTHORITY AND ELIGIBILITY1

REQUIREMENTS.—(1)’’ after ‘‘(a)’’;2

(3) by striking out ‘‘a bonus as provided in sub-3

section (b)’’ before the period at the end and insert-4

ing in lieu thereof ‘‘a bonus or bonuses in accord-5

ance with this section’’; and6


paragraph (2):8

‘‘(2) If a person eligible to receive a bonus under this9

section by reason of an enlistment for a period of three10

years so elects on or before the date of the enlistment,11

the Secretary concerned may pay the person—12

‘‘(A) a bonus for that enlistment; and13

‘‘(B) an additional bonus for a later voluntary14

extension of the enlistment, or a subsequent con-15

secutive enlistment, for a period of at least three16

years if—17

‘‘(i) on the date of the expiration of the en-18

listment for which the first bonus was paid, or19

the date on which, but for an extension of the20

enlistment, the enlistment would otherwise ex-21

pire, as the case may be, the person satisfies22

the eligibility requirements set forth in para-23

graph (1) and the eligibility requirements for24

reenlisting or extending the enlistment; and25

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S 936 RFH

‘‘(ii) the extension of the enlistment or the1

subsequent consecutive enlistment, as the case2

may be, is in a critical military skill designated3

for such a bonus by the Secretary concerned.’’.4

(c) BONUS AMOUNTS.—Subsection (b) of such sec-5

tion is amended to read as follows:6

‘‘(b) BONUS AMOUNTS.—(1) In the case of a member7

who enlists for a period of six years, the bonus to be paid8

under subsection (a) shall be a total amount not to exceed9

$5,000.10

‘‘(2) In the case of a member who enlists for a period11

of three years, the bonus to be paid under subsection (a)12

shall be as follows:13

‘‘(A) If the member does not make an election14

authorized under subsection (a)(2), the total amount15

of the bonus shall be an amount not to exceed16

$2,500.17

‘‘(B) If the member makes an election under18

subsection (a)(2) to be paid a bonus for the enlist-19

ment and an additional bonus for a later extension20

of the enlistment or for a subsequent consecutive21

enlistment—22

‘‘(i) the total amount of the first bonus23

shall be an amount not to exceed $2,000; and24

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S 936 RFH

‘‘(ii) the total amount of the additional1

bonus shall be an amount not to exceed2

$2,500.’’.3

(d) DISBURSEMENT OF BONUS.—Subsection (c) of4

such section is amended to read as follows:5

‘‘(c) DISBURSEMENT OF BONUS.—(1) Any bonus6

payable under this section shall be disbursed in one initial7

payment of an amount not to exceed one-half of the total8

amount of the bonus and subsequent periodic partial pay-9

ments of the balance of the bonus. The Secretary con-10

cerned shall prescribe the amount of each partial payment11

and the schedule for making the partial payments.12

‘‘(2) Payment of any additional bonus under sub-13

section (a)(2)(B) for an extension of an enlistment or a14

subsequent consecutive enlistment shall begin on or after15

the date referred to in clause (i) of that subsection.’’.16

(e) SUBSECTION HEADINGS.—Such section is further17

amended—18

(1) in subsection (d), by inserting ‘‘REFUND19

FOR UNSATISFACTORY SERVICE.—’’ after ‘‘(d)’’;20

(2) in subsection (e), by inserting ‘‘REGULA-21

TIONS.—’’ after ‘‘(e)’’; and22

(3) in subsection (f), by inserting ‘‘TERMI-23

NATION OF AUTHORITY.—’’ after ‘‘(f)’’.24

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(f) EFFECTIVE DATE.—The amendments made by1


to enlistments in the Armed Forces on or after that date.3

SEC. 639. MODIFICATION OF AUTHORITY TO PAY BONUSES4

FOR ENLISTMENTS BY PRIOR SERVICE PER-5

SONNEL IN CRITICAL SKILLS IN THE SE-6

LECTED RESERVE.7

(a) REORGANIZATION OF SECTION.—Section 308i of8

title 37, United States Code, is amended—9

(1) by redesignating subsections (e), (f), and10

(g) as paragraphs (2), (3), and (4), respectively, of11

subsection (d);12

(2) by redesignating subsections (b), (c), (d),13

(h), and (i) as subsections (c), (e), (f), (g), and (h),14

respectively; and15

(3) by redesignating paragraph (2) of sub-16

section (a) as subsection (b) and in subsection (b),17

as so redesignated, by redesignating subparagraphs18

(A), (B), (C), and (D) as paragraphs (1), (2), (3),19

and (4), respectively.20

(b) TWO-BONUS AUTHORITY FOR CONSECUTIVE 3-21

YEAR ENLISTMENTS.—Subsection (a) of such section is22

amended by inserting after paragraph (1) the following23

new paragraph (2):24

241

S 936 RFH

‘‘(2) If a person eligible to receive a bonus under this1

section by reason of an enlistment for a period of three2

years so elects on or before the date of the enlistment,3

the Secretary concerned may pay the person—4

‘‘(A) a bonus for that enlistment; and5

‘‘(B) an additional bonus for a later extension6

of the enlistment, or a subsequent consecutive enlist-7

ment, for a period of at least three years if—8

‘‘(i) on the date of the expiration of the en-9

listment for which the first bonus was paid, or10

the date on which, but for an extension of the11

enlistment, the enlistment would otherwise ex-12

pire, the person satisfies the eligibility require-13

ments set forth in subsection (b) and the eligi-14

bility requirements for reenlisting or extending15

the enlistment, as the case may be; and16

‘‘(ii) the extension of the enlistment or the17

subsequent consecutive enlistment, as the case18

may be, is in a critical military skill designated19

for such a bonus by the Secretary concerned.’’.20

(c) ELIGIBILITY OF FORMER MEMBERS WITH UP TO21

14 YEARS OF PRIOR SERVICE.—Subsection (b) of such22

section, as redesignated by subsection (a)(3), is amended23

by striking out ‘‘10 years’’ and inserting in lieu thereof24

‘‘14 years’’.25

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S 936 RFH

(d) BONUS AMOUNTS.—Subsection (c) of such sec-1

tion, as redesignated by subsection (a)(2), is amended to2

read as follows:3

‘‘(c) BONUS AMOUNTS.—(1) In the case of a member4

who enlists for a period of six years, the bonus to be paid5

under subsection (a) shall be a total amount not to exceed6

$5,000.7

‘‘(2) In the case of a member who enlists for a period8

of three years, the bonus to be paid under subsection (a)9

shall be as follows:10

‘‘(A) If the member does not make an election11

authorized under subsection (a)(2), the total amount12

of the bonus shall be an amount not to exceed13

$2,500.14

‘‘(B) If the member makes an election under15

subsection (a)(2) to be paid a bonus for the enlist-16

ment and an additional bonus for a later extension17

of the enlistment or for a subsequent consecutive18

enlistment—19

‘‘(i) the total amount of the first bonus20

shall be an amount not to exceed $2,000; and21

‘‘(ii) the total amount of the additional22

bonus shall be an amount not to exceed23

$2,500.’’.24

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(e) DISBURSEMENT OF BONUS.—Such section is1

amended by inserting after subsection (c), as redesignated2

by subsection (a)(2) and amended by subsection (d), the3

following new subsection (d):4

‘‘(d) DISBURSEMENT OF BONUS.—(1) Any bonus5

payable under this section shall be disbursed in one initial6

payment of an amount not to exceed one-half of the total7

amount of the bonus and subsequent periodic partial pay-8

ments of the balance of the bonus. The Secretary con-9

cerned shall prescribe the amount of each partial payment10

and the schedule for making the partial payments.11

‘‘(2) Payment of any additional bonus under sub-12

section (a)(2)(B) for an extension of an enlistment or a13

subsequent consecutive enlistment shall begin on or after14

the date referred to in clause (i) of that subsection.’’.15

(f) CONFORMING AMENDMENTS.—(1) Subsection16

(a)(1) of such section is amended by striking out ‘‘para-17

graph (2) may be paid a bonus as prescribed in subsection18

(b)’’ and inserting in lieu thereof ‘‘subsection (b) may be19

paid a bonus or bonuses in accordance with this section’’.20

(2) Subsection (e) of such section, as redesignated by21

subsection (a)(2), is amended by striking out ‘‘may not22

be paid more than one bonus under this section and’’.23

(3) Subsection (f) of such section, as redesignated by24

subsection (a)(2), is amended—25

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(A) by inserting ‘‘REFUND FOR UNSATISFAC-1

TORY SERVICE.—(1)’’ after ‘‘(f)’’;2

(B) in paragraphs (2) and (4), as redesignated3

by subsection (a)(1), by striking out ‘‘subsection4

(d)’’ and inserting in lieu thereof ‘‘paragraph (1)’’;5

and6

(C) in paragraph (3), as redesignated by sub-7

section (a)(1)—8

(i) by striking out ‘‘subsection (h)’’ and in-9

serting in lieu thereof ‘‘subsection (g)’’; and10

(ii) by striking out ‘‘subsection (d)’’ and11

inserting in lieu thereof ‘‘paragraph (1)’’.12

(g) SUBSECTION HEADINGS.—Such section, as13

amended by subsections (a) through (f), is further14

amended—15

(1) in subsection (a), by inserting ‘‘AUTHOR-16

ITY.—’’ after ‘‘(a)’’;17

(2) in subsection (b), by inserting ‘‘ELIGI-18

BILITY.—’’ after ‘‘(b)’’;19

(3) in subsection (e), by inserting ‘‘LIMITA-20

TION.—’’ after ‘‘(e)’’;21

(4) in subsection (g), by inserting ‘‘REGULA-22

TIONS.—’’ after ‘‘(g)’’; and23

(5) in subsection (h), by inserting ‘‘TERMI-24

NATION OF AUTHORITY.—’’ after ‘‘(h)’’.25

245

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(h) EFFECTIVE DATE.—The amendments made by1


to enlistments in the Armed Forces on or after that date.3

SEC. 640. INCREASED SPECIAL PAY AND BONUSES FOR NU-4

CLEAR QUALIFIED OFFICERS.5

(a) SPECIAL PAY FOR OFFICERS EXTENDING PE-6

RIOD OF ACTIVE SERVICE.—Subsection (a) of section 3127


out ‘‘$12,000’’ and inserting in lieu thereof ‘‘$15,000’’.9

(b) NUCLEAR CAREER ACCESSION BONUS.—Sub-10

section (a)(1) of section 312b of title 37, United States11

Code, is amended by striking out ‘‘$8,000’’ and inserting12

in lieu thereof ‘‘$10,000’’.13

(c) NUCLEAR CAREER ANNUAL INCENTIVE BO-14

NUSES.—Section 312c of title 37, United States Code, is15

amended—16

(1) in subsection (a)(1), by striking out17

‘‘$10,000’’ and inserting in lieu thereof ‘‘$12,000’’;18

and19

(2) in subsection (b)(1), by striking out20

‘‘$4,500’’ and inserting in lieu thereof ‘‘$5,500’’.21

(d) EFFECTIVE DATE.—(1) The amendments made22

by this section shall take effect on October 1, 1997.23

(2) The amendments made by subsections (a) and (b)24

shall apply with respect to agreements accepted under sec-25

246

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tions 312(a) and 312b(a), respectively, of title 37, United1

States Code, on or after the effective date of the amend-2

ments.3

SEC. 641. AUTHORITY TO PAY BONUSES IN LIEU OF SPE-4

CIAL PAY FOR ENLISTED MEMBERS EXTEND-5

ING DUTY AT DESIGNATED LOCATIONS OVER-6

SEAS.7

(a) PAYMENT FLEXIBILITY.—Section 314 of title 37,8


(1) in subsection (a), by striking out ‘‘at a10

rate’’ and all that follows through ‘‘Secretary con-11

cerned’’;12

(2) by redesignating subsection (b) as sub-13

section (c); and14



‘‘(b) PAYMENT SCHEDULE AND RATES.—At the elec-17

tion of the Secretary concerned, the Secretary may pay18

the special pay to which a member is entitled under sub-19

section (a)—20

‘‘(1) in monthly installments in an amount pre-21

scribed by the Secretary, but not to exceed $80 each;22

or23

247

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‘‘(2) as an annual bonus in an amount pre-1

scribed by the Secretary, but not to exceed $2,0002

per year.’’.3

(b) PROHIBITION OF CONCURRENT RECEIPT WITH4

REST AND RECUPERATIVE ABSENCE OR TRANSPOR-5

TATION.—Subsection (c) of such section, as redesignated6

by subsection (a)(2), is amended—7

(1) by inserting ‘‘CONCURRENT RECEIPT OF8

BENEFITS PROHIBITED.—(1)’’ after ‘‘(c)’’; and9


‘‘(2)(A) In the case of a member entitled to an annual11

bonus for a 12-month period under subsection (b)(2), the12

amount of the annual bonus shall be reduced by the per-13

cent determined by dividing 12 into the number of months14

in the period that the member is authorized rest and recu-15

perative absence or transportation. For the purposes of16

the preceding sentence, a member shall be treated as hav-17

ing been authorized rest and recuperative absence or18

transportation for a full month if rest and recuperative19

absence or transportation is authorized for the member20

for any part of the month.21

‘‘(B) The Secretary concerned shall recoup by collec-22

tion from a member any amount of an annual bonus paid23

under subsection (b)(2) to the member for a 12-month pe-24

riod that exceeds the amount of the bonus to which the25

248

S 936 RFH

member is entitled for the period by reason of an author-1

ization of rest and recuperative absence or transportation2

for the member during that period that was not taken into3

account in computing the amount of the entitlement.’’.4

(c) REPAYMENT.—Such section is further amended5


‘‘(d) REFUND FOR FAILURE TO COMPLETE TOUR OF7

DUTY.—(1) A member who, having entered into a written8

agreement to extend a tour of duty for a period under9

subsection (a), receives a bonus payment under subsection10

(b)(2) for a 12-month period covered by the agreement11

and ceases during that 12-month period to perform the12

agreed tour of duty shall refund to the United States the13

unearned portion of the bonus. The unearned portion of14

the bonus is the amount by which the amount of the bonus15

paid to the member exceeds the amount determined by16

multiplying the amount of the bonus paid by the percent17

determined by dividing 12 into the number of full months18

during which the member performed the duty in the 12-19

month period.20

‘‘(2) The Secretary concerned may waive the obliga-21

tion of a member to reimburse the United States under22

paragraph (1) if the Secretary determines that conditions23

and circumstances warrant the waiver.24

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‘‘(e) TREATMENT OF REIMBURSEMENT OBLIGA-1

TIONS.—(1) An obligation to reimburse the United States2

imposed under subsection (c)(2)(B) or (d) is for all pur-3

poses a debt owed to the United States.4

‘‘(2) A discharge in bankruptcy under title 11 that5

is entered less than 5 years after the termination of a writ-6

ten agreement entered into under subsection (a) does not7

discharge the member signing the agreement from a debt8

referred to in paragraph (1). This paragraph applies to9

any case commenced under title 11 on or after October10

1, 1997.’’.11

(d) STYLISTIC AMENDMENT.—Subsection (a) of such12

section is amended by inserting ‘‘AUTHORITY.—’’ after13

‘‘(a)’’.14

(e) EFFECTIVE DATE.—The amendments made by15


to agreements accepted under section 314 of title 37,17

United States Code, on or after that date.18

SEC. 642. RESERVE AFFILIATION AGREEMENT BONUS FOR19

THE COAST GUARD.20

Section 308e of title 37, United States Code, is21

amended—22

(1) in subsection (a), by striking out ‘‘Secretary23

of a military department’’ in the matter preceding24

250

S 936 RFH

paragraph (1) and inserting in lieu thereof ‘‘Sec-1

retary concerned’’; and2


‘‘(f) The authority in subsection (a) does not apply4

to the Secretary of Commerce and the Secretary of Health5

and Human Services.’’.6

Subtitle D—Retired Pay, Survivor7

Benefits, and Related Matters8

SEC. 651. ONE-YEAR OPPORTUNITY TO DISCONTINUE PAR-9

TICIPATION IN SURVIVOR BENEFIT PLAN.10

(a) ELECTION TO DISCONTINUE WITHIN ONE YEAR11

AFTER SECOND ANNIVERSARY OF COMMENCEMENT OF12

PAYMENT OF RETIRED PAY.—(1) Subchapter II of chap-13

ter 73 of title 10, United States Code, is amended by in-14

serting after section 1448 the following:15

‘‘§ 1448a. Election to discontinue participation: one-16

year opportunity after second anniver-17

sary of commencement of payment of re-18

tired pay19

‘‘(a) AUTHORITY.—A participant in the Plan may,20

subject to the provisions of this section, elect to dis-21

continue participation in the Plan at any time during the22

1-year period beginning on the second anniversary of the23

date on which payment of retired pay to the participant24

commences.25

251

S 936 RFH

‘‘(b) CONCURRENCE OF SPOUSE.—(1) A married1

participant may not make an election under subsection (a)2

without the concurrence of the participant’s spouse, except3

that the participant may make such an election without4

the concurrence of the person’s spouse if the person estab-5

lishes to the satisfaction of the Secretary concerned that6

one of the conditions described in section 1448(a)(3)(C)7

of this title exists.8

‘‘(2) The concurrence of a spouse under paragraph9

(1) shall be made in such written form and shall contain10

such information as may be required under regulations11

prescribed by the Secretary of Defense.12

‘‘(c) LIMITATION ON ELECTION WHEN FORMER13

SPOUSE COVERAGE IN EFFECT.—The limitation set forth14

in section 1450(f)(2) of this title shall apply to an election15

to discontinue participation in the Plan under subsection16

(a).17

‘‘(d) WITHDRAWAL OF ELECTION TO DIS-18

CONTINUE.—Section 1448(b)(1)(D) of this title shall19

apply to an election under subsection (a).20

‘‘(e) CONSEQUENCES OF DISCONTINUATION.—Sec-21

tion 1448(b)(1)(E) of this title shall apply to an election22


‘‘(f) NOTICE TO EFFECTED BENEFICIARIES.—The24

Secretary concerned shall notify any former spouse or25

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other natural person previously designated under section1

1448(b) of this title of any election to discontinue partici-2

pation under subsection (a).3

‘‘(g) EFFECTIVE DATE OF ELECTION.—An election4

authorized under this section is effective as of the first5

day of the first calendar month following the month in6

which the election is received by the Secretary concerned.7

‘‘(h) INAPPLICABILITY OF IRREVOCABILITY PROVI-8

SIONS.—Paragraphs (4)(B) and (5)(C) of section 1448(a)9

of this title do not apply to prevent an election under sub-10

section (a).’’.11

(2) The table of sections at the beginning of such sub-12


to section 1448 the following:14

‘‘1448a. Election to discontinue participation: one-year opportunity after second

anniversary of commencement of payment of retired pay.’’.

(b) TRANSITION PROVISION.—Notwithstanding the15

limitation on the time for making an election under section16

1448a of title 10, United States Code (as added by sub-17

section (a)), that is specified in subsection (a) of such sec-18

tion, a participant in the Survivor Benefit Plan under sub-19

chapter II of chapter 73 of such title may make an election20

in accordance with that section within one year after the21

effective date of the section if the second anniversary of22

the commencement of payment of retired pay to the par-23

ticipant precedes that effective date.24

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(c) EFFECTIVE DATE.—Section 1448a of title 10,1

United States Code, as added by subsection (a), shall take2

effect 180 days after the date of the enactment of this3

Act.4

SEC. 652. TIME FOR CHANGING SURVIVOR BENEFIT COV-5

ERAGE FROM FORMER SPOUSE TO SPOUSE.6

Section 1450(f)(1)(C) of title 10, United States Code,7

is amended by adding at the end the following: ‘‘Notwith-8

standing the preceding sentence, a change of election9

under this subsection to provide an annuity to a spouse10

instead of a former spouse may (subject to paragraph (2))11

be made at any time without regard to the time limitation12

in section 1448(a)(5)(B) of this title.’’.13

SEC. 653. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT14

PLAN.15


amended by adding at the end the following new sub-17

section:18

‘‘(j) COVERAGE PAID UP AT 30 YEARS OR AGE 70.—19

(1) Coverage of a survivor of a member under the Plan20

shall be considered paid up as of the end of the earlier21

of—22

‘‘(A) the 360th month in which the member’s23

retired pay has been reduced under this section; or24

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‘‘(B) the month in which the member attains1

70 years of age.2

‘‘(2) The retired pay of a member shall not be re-3

duced under this section to provide coverage of a survivor4

under the Plan after the month when the coverage is con-5

sidered paid up under paragraph (1).’’.6

SEC. 654. ANNUITIES FOR CERTAIN MILITARY SURVIVING7

SPOUSES.8

(a) SURVIVOR ANNUITY.—(1) The Secretary con-9

cerned shall pay an annuity to the qualified surviving10

spouse of each member of the uniformed services who—11

(A) died before March 21, 1974, and was enti-12

tled to retired or retainer pay on the date of death;13

or14

(B) was a member of a reserve component of15

the Armed Forces during the period beginning on16

September 21, 1972, and ending on October 1,17

1978, and at the time of his death would have been18

entitled to retired pay under chapter 67 of title 10,19

United States Code (as in effect before December 1,20

1994), but for the fact that he was under 60 years21

of age.22

(2) A qualified surviving spouse for purposes of this23

section is a surviving spouse who has not remarried and24

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who is not eligible for an annuity under section 4 of Public1

Law 92–425 (10 U.S.C. 1448 note).2

(b) AMOUNT OF ANNUITY.—(1) An annuity under3

this section shall be paid at the rate of $165 per month,4

as adjusted from time to time under paragraph (3).5

(2) An annuity paid to a surviving spouse under this6

section shall be reduced by the amount of any dependency7

and indemnity compensation (DIC) to which the surviving8

spouse is entitled under section 1311(a) of title 38, United9

States Code.10

(3) Whenever after the date of the enactment of this11

Act retired or retainer pay is increased under section12

1401a(b)(2) of title 10, United States Code, each annuity13

that is payable under this section shall be increased at14

the same time and by the same total percent. The amount15

of the increase shall be based on the amount of the month-16

ly annuity payable before any reduction under this section.17

(c) APPLICATION REQUIRED.—No benefit shall be18

paid to any person under this section unless an application19

for such benefit is filed with the Secretary concerned by20

or on behalf of such person.21

(d) DEFINITIONS.—For purposes of this section:22

(1) The terms ‘‘uniformed services’’ and ‘‘Sec-23

retary concerned’’ have the meanings given such24

terms in section 101 of title 37, United States Code.25

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(2) The term ‘‘surviving spouse’’ has the mean-1

ing given the terms ‘‘widow’’ and ‘‘widower’’ in para-2

graphs (3) and (4) of section 1447 of title 10,3

United States Code.4

(e) PROSPECTIVE APPLICABILITY.—(1) Annuities5

under this section shall be paid for months beginning after6

the month in which this Act is enacted.7

(2) No benefit shall accrue to any person by reason8

of the enactment of this section for any period before the9

first month that begins after the month in which this Act10

is enacted.11

(f) EXPIRATION OF AUTHORITY.—The authority to12

pay annuities under this section shall expire on September13

30, 2001.14


SEC. 661. ELIGIBILITY OF RESERVES FOR BENEFITS FOR16

ILLNESS, INJURY, OR DEATH INCURRED OR17

AGGRAVATED IN LINE OF DUTY.18

(a) PAY AND ALLOWANCES.—(1) Section 204 of title19

37, United States Code, is amended—20

(A) in subsection (g)(1)(D), by inserting after21

‘‘while remaining overnight,’’ the following: ‘‘imme-22

diately before the commencement of inactive-duty23

training or’’; and24

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(B) in subsection (h)(1)(D), by inserting after1

‘‘while remaining overnight,’’ the following: ‘‘imme-2

diately before the commencement of inactive-duty3

training or’’.4

(2) Section 206(a)(3)(C) of such title is amended by5

inserting after ‘‘while remaining overnight,’’ the following:6

‘‘immediately before the commencement of inactive-duty7

training or’’.8

(b) MEDICAL AND DENTAL CARE.—(1) Section9

1074a(a)(3) of title 10, United States Code, is amended10

by inserting after ‘‘while remaining overnight,’’ the follow-11

ing: ‘‘immediately before the commencement of inactive-12

duty training or’’.13

(2) Section 1076(a)(2) of title 10, United States14


(A) by striking out ‘‘or’’ at the end of subpara-16

graph (A);17

(B) by striking out the period at the end of18

subparagraph (B)(ii) and inserting in lieu thereof ‘‘;19

or’’; and20

(C) by adding at the end the following:21

‘‘(C) who incurs or aggravates an injury, ill-22

ness, or disease in the line of duty while serving on23

active duty under a call or order to active duty for24

a period of 30 days or less, if the call or order is25

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modified to extend the period of active duty of the1

member to be more than 30 days.’’.2

(c) ELIGIBILITY FOR DISABILITY RETIREMENT OR3

SEPARATION.—(1) Section 1204(2) of title 10, United4


‘‘(2) the disability is a result of an injury, ill-6

ness, or disease incurred or aggravated—7

‘‘(A) in line of duty while performing ac-8

tive duty or inactive-duty training;9

‘‘(B) while traveling directly to or from the10

place at which such duty is performed; or11

‘‘(C) while remaining overnight, imme-12

diately before the commencement of inactive-13

duty training or between successive periods of14

inactive-duty training, at or in the vicinity of15

the site of the inactive-duty training, if the site16

of the inactive-duty training is outside reason-17

able commuting distance of the member’s resi-18

dence;’’.19

(2) Section 1206 of title 10, United States Code, is20

amended—21

(A) by redesignating paragraphs (2), (3), and22

(4) as paragraphs (3), (4), and (5), respectively, and23

(B) by inserting after paragraph (1) the follow-24

ing new paragraph:25

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‘‘(2) the disability is a result of an injury, ill-1

ness, or disease incurred or aggravated—2

‘‘(A) in line of duty while performing ac-3

tive duty or inactive-duty training;4

‘‘(B) while traveling directly to or from the5

place at which such duty is performed; or6

‘‘(C) while remaining overnight, imme-7

diately before the commencement of inactive-8

duty training or between successive periods of9

inactive-duty training, at or in the vicinity of10

the site of the inactive-duty training, if the site11

of the inactive-duty training is outside reason-12

able commuting distance of the member’s resi-13

dence;’’.14

(d) RECOVERY, CARE, AND DISPOSITION OF RE-15

MAINS.—Section 1481(a)(2)(D) of title 10, United States16

Code, is amended by inserting after ‘‘while remaining17

overnight,’’ the following: ‘‘immediately before the com-18

mencement of inactive-duty training or’’.19

(e) CONFORMING AMENDMENTS AND RELATED20

CLERICAL AMENDMENTS.—(1) The heading of section21

1204 of title 10, United States Code, is amended to read22

as follows:23

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‘‘§ 1204. Members on active duty for 30 days or less or1

on inactive-duty training: retirement’’.2

(2) The heading of section 1206 of such title is3


‘‘§ 1206. Members on active duty for 30 days or less or5

on inactive-duty training: separation’’.6


61 of such title is amended—8

(A) by striking out the item relating to section9

1204 and inserting in lieu thereof the following:10

‘‘1204. Members on active duty for 30 days or less or on inactive-duty training:

retirement.’’;

and11

(B) by striking out the item relating to section12


‘‘1206. Members on active duty for 30 days or less or on inactive-duty training:

separation.’’.

(f) PROSPECTIVE APPLICABILITY.—No benefit shall14

accrue under an amendment made by this section for any15

period before the date of the enactment of this Act.16

SEC. 662. TRAVEL AND TRANSPORTATION ALLOWANCES17

FOR DEPENDENTS BEFORE APPROVAL OF A18

MEMBER’S COURT-MARTIAL SENTENCE.19

Section 406(h)(2)(C) of title 37, United States Code,20

is amended by inserting before the period at the end of21

the matter following clause (iii) the following: ‘‘or action22

on the sentence is pending under that section’’.23

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SEC. 663. ELIGIBILITY OF MEMBERS OF THE UNIFORMED1

SERVICES FOR REIMBURSEMENT OF ADOP-2

TION EXPENSES.3

(a) PUBLIC HEALTH SERVICE.—Section 221(a) of4

the Public Health Service Act (42 U.S.C. 213a(a)) is5


‘‘(16) Section 1052, Reimbursement for adop-7

tion expenses.’’.8

(b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-9

ISTRATION.—Section 3(a) of the Act entitled ‘‘An Act to10

revise, codify, and enact into law, title 10 of the United11

States Code, entitled ‘Armed Forces’, and title 32 of the12

United States Code, entitled ‘National Guard’ ’’, approved13

August 10, 1956 (33 U.S.C. 857a(a)), is amended by add-14

ing at the end the following:15

‘‘(16) Section 1052, Reimbursement for adop-16

tion expenses.’’.17

(c) PROSPECTIVE APPLICABILITY.—The amendments18

made by this section shall take effect on the date of the19

enactment of this Act and apply to adoptions completed20

on or after such date.21

SEC. 664. SUBSISTENCE OF MEMBERS OF THE ARMED22

FORCES ABOVE THE POVERTY LEVEL.23


ings:25

262

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(1) The morale and welfare of members of the1

Armed Forces and their families are key components2

of the readiness of the Armed Forces.3

(2) Several studies have documented significant4

instances of members of the Armed Forces and their5

families relying on various forms of income support6

under programs of the Federal Government, includ-7

ing assistance under the Food Stamp Act of 19778

(7 U.S.C. 2012(o) and assistance under the special9

supplemental nutrition program for women, infants,10

and children under section 17 of the Child Nutrition11

Act of 1966 (42 U.S.C. 1786).12


gress that the Secretary of Defense should strive—14

(1) to eliminate the need for members of the15

Armed Forces and their families to subsist at, near,16

or below the poverty level; and17

(2) to improve the wellbeing and welfare of18

members of the Armed Forces and their families by19

implementing, and programming full funding for,20

programs that have proven effective in elevating the21

standard of living of members and their families sig-22

nificantly above the poverty level.23

(c) STUDY REQUIRED.—(1) The Secretary of De-24

fense shall conduct a study of members of the Armed25

263

S 936 RFH

Forces and their families who subsist at, near, or below1

the poverty level.2

(2) The study shall include the following:3

(A) An analysis of potential solutions for miti-4

gating or eliminating the need for members of the5

Armed Forces and their families to subsist at, near,6

or below the poverty level, including potential solu-7

tions involving changes in the systems and rates of8

basic allowance for subsistence, basic allowance for9

quarters, and variable housing allowance.10

(B) Identification of the populations most likely11

to need income support under Federal Government12

programs, including—13

(i) the populations living in areas of the14

United States where housing costs are notably15

high;16

(ii) the populations living outside the17

United States; and18

(iii) the number of persons in each identi-19

fied population.20

(C) The desirability of increasing rates of basic21

pay and allowances over a defined period of years by22

a range of percentages that provides for higher per-23

centage increases for lower ranking personnel than24

for higher ranking personnel.25

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(d) IMPLEMENTATION OF DEPARTMENT OF DE-1

FENSE SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR2

PERSONNEL OUTSIDE THE UNITED STATES.—(1) Section3

1060a(b) of title 10, United States Code, is amended to4

read as follows:5

‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For6

the purpose of obtaining Federal payments and commod-7

ities in order to carry out the program referred to in sub-8

section (a), the Secretary of Agriculture shall make avail-9

able to the Secretary of Defense the same payments and10

commodities as are made for the special supplemental food11

program in the United States under section 17 of the12

Child Nutrition Act of 1966 (42 U.S.C. 1786). Funds13

available for the Department of Defense may be used for14

carrying out the program under subsection (a).’’.15

(2) Not later than 90 days after the date of the enact-16

ment of this Act, the Secretary of Defense shall submit17

to Congress a report regarding the Secretary’s intentions18

regarding implementation of the program authorized19

under section 1060a of title 10, United States Code, in-20

cluding any plans to implement the program.21

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TITLE VII—HEALTH CARE1

PROVISIONS2

Subtitle A—Health Care Services3

SEC. 701. WAIVER OF DEDUCTIBLES, COPAYMENTS, AND4

ANNUAL FEES FOR MEMBERS ASSIGNED TO5

CERTAIN DUTY LOCATIONS FAR FROM6

SOURCES OF CARE.7



ing:10

‘‘§ 1107. Waiver of deductibles, copayments, and an-11

nual fees for members assigned to certain12

duty locations far from sources of care13

‘‘(a) AUTHORITY.—The administering Secretaries14

shall prescribe in regulations—15

‘‘(1) authority for members of the armed forces16

referred to in subsection (b) to receive care under17

the Civilian Health and Medical Program of the18

Uniformed Services; and19

‘‘(2) policies and procedures for waiving an obli-20

gation for such members to pay a deductible, copay-21

ment, or annual fee that would otherwise be applica-22

ble under that program for care provided to the23

members under the program.24

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‘‘(b) ELIGIBILITY.—The regulations may be applied1

to a member of the uniformed services on active duty2

who—3

‘‘(1) is assigned to—4

‘‘(A) permanent duty as a recruiter;5

‘‘(B) permanent duty at an educational in-6

stitution to instruct, administer a program of7

instruction, or provide administrative services in8

support of a program of instruction for the Re-9

serve Officers’ Training Corps;10

‘‘(C) permanent duty as a full-time adviser11

to a unit of a reserve component of the armed12

forces; or13

‘‘(D) any other permanent duty designated14

by the administering Secretary concerned for15

purposes of the regulations; and16

‘‘(2) pursuant to such assignment, resides at a17

location that is more than 50 miles, or one hour of18

driving time, from—19

‘‘(A) the nearest health care facility of the20

uniformed services adequate to provide the21

needed care under this chapter; and22

‘‘(B) the nearest source of the needed care23

that is available to the member under the24

TRICARE Prime plan.25

267

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‘‘(c) PAYMENT OF COSTS.—Deductibles, copayments,1

and annual fees not payable by a member by reason of2

a waiver granted under the regulations shall be paid out3

of funds available to the Department of Defense for the4

defense health program.5

‘‘(d) DEFINITIONS.—In this section:6

‘‘(1) The term ‘TRICARE Prime plan’ means7

a plan under the TRICARE program that provides8

for voluntary enrollment for health care to be fur-9

nished in a manner similar to the manner in which10

health care is furnished by health maintenance orga-11

nizations.12

‘‘(2) The term ‘TRICARE program’ means the13

managed health care program that is established by14

the Secretary of Defense under the authority of this15

chapter, principally section 1097 of this title, and in-16

cludes the competitive selection of contractors to fi-17

nancially underwrite the delivery of health care serv-18

ices under the Civilian Health and Medical Program19

of the Uniformed Services.’’.20




‘‘1107. Waiver of deductibles, copayments, and annual fees for members as-

signed to certain duty locations far from sources of care.’’.

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SEC. 702. PAYMENT FOR EMERGENCY HEALTH CARE OVER-1

SEAS FOR MILITARY AND CIVILIAN PERSON-2

NEL OF THE ON-SITE INSPECTION AGENCY.3

(a) PAYMENT OF COSTS.—The Secretary of Defense4

may pay the costs of any emergency health care that—5

(1) is needed by a member of the Armed6

Forces, civilian employee of the Department of De-7

fense, or civilian employee of a contractor while the8

person is performing temporary or permanent duty9

with the On-Site Inspection Agency outside the10

United States; and11

(2) is furnished to such person during fiscal12

year 1998 by a source outside the United States.13

(b) FUNDING.—Funds authorized to be appropriated14

for the expenses of the On-Site Inspection Agency for fis-15

cal year 1998 by this Act shall be available to cover pay-16

ments for emergency health care under subsection (a).17

SEC. 703. DISCLOSURES OF CAUTIONARY INFORMATION ON18

PRESCRIPTION MEDICATIONS.19

(a) REQUIREMENT FOR REGULATIONS.—Not later20


the administering Secretaries referred to in section22

1073(3) of title 10, United States Code, shall prescribe23

regulations that require each source dispensing a prescrip-24

tion medication to a person under chapter 55 of such title25

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to furnish to that person, with the medication, written1

cautionary information on the medication.2

(b) INFORMATION TO BE DISCLOSED.—Information3

required to be disclosed about a medication under the reg-4

ulations shall include appropriate cautions about usage of5

the medication, including possible side effects and poten-6

tially hazardous interactions with foods.7

(c) FORM OF INFORMATION.—The regulations shall8

require that information be furnished in a form that, to9

the maximum extent practicable, is easily read and under-10

stood.11

(d) COVERED SOURCES.—The regulations shall apply12

to the following:13

(1) Pharmacies and any other dispensers of14

prescription medications in medical facilities of the15

uniformed services.16

(2) Sources of prescription medications under17

any mail order pharmaceuticals program provided by18

any of the administering Secretaries under chapter19


(3) Pharmacies paid under the Civilian Health21

and Medical Program of the Uniformed Services (in-22

cluding the TRICARE program).23

(4) Pharmacies, and any other pharmaceutical24

dispensers, of designated providers referred to in25

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section 721(5) of the National Defense Authoriza-1

tion Act for Fiscal Year 1997 (Public Law 104–201;2

110 Stat. 2593; 10 U.S.C. 1073 note).3

SEC. 704. HEALTH CARE SERVICES FOR CERTAIN RE-4

SERVES WHO SERVED IN SOUTHWEST ASIA5

DURING THE PERSIAN GULF WAR.6

(a) REQUIREMENT.—A member of the Armed Forces7

described in subsection (b) shall be entitled to medical and8

dental care under chapter 55 of title 10, United States9

Code, for a symptom or illness described in subsection10

(b)(2) to the same extent and under the same conditions11

(other than the requirement to be on active duty) as is12

a member of a uniformed service who is entitled under13

section 1074(a) of such title to medical and dental care14

under such chapter. The Secretary shall provide such care15

free of charge to the member.16

(b) COVERED MEMBERS.—Subsection (a) applies to17

any member of a reserve component of the Armed Forces18

who—19

(1) is a Persian Gulf veteran;20

(2) registers a symptom or illness in the Per-21

sian Gulf War Veterans Health Surveillance System22

of the Department of Defense that is presumed23

under section 721(d) of the National Defense Au-24


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103–337; 108 Stat. 2805; 10 U.S.C. 1074 note) to1

be a result of such service; and2

(3) is not otherwise entitled to medical and den-3

tal care under section 1074(a) of title 10, United4

States Code.5

(c) DEFINITION.—In this section, the term ‘‘Persian6

Gulf veteran’’ has the same meaning as in section 721(i)7


1995 (Public Law 103–337; 108 Stat. 2807; 10 U.S.C.9

1074 note).10

SEC. 705. COLLECTION OF DENTAL INSURANCE PREMIUMS.11

(a) SELECTED RESERVE DENTAL INSURANCE.—12

Paragraph (3) of section 1076b(b) of title 10, United13


‘‘(3) The Secretary of Defense shall establish proce-15

dures for the collection of the member’s share of the pre-16

mium for coverage by the dental insurance plan. To the17

extent that the Secretary determines practicable, a mem-18

ber’s share may be deducted and withheld from the basic19

pay payable to the member for inactive duty training and20

from the basic pay payable to the member for active21

duty.’’.22

(b) RETIREE DENTAL INSURANCE.—Paragraph (2)23

of section 1076c(c) of title 10, United States Code, is24

amended by striking out ‘‘(2) The amount of the pre-25

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miums’’ and inserting in lieu thereof ‘‘(2) The Secretary1

of Defense shall establish procedures for the collection of2

the premiums charged for coverage by the dental insur-3

ance plan. To the extent that the Secretary determines4

practicable, the premiums’’.5

SEC. 706. DENTAL INSURANCE PLAN COVERAGE FOR RE-6

TIREES OF UNIFORMED SERVICE IN THE7

PUBLIC HEALTH SERVICE AND NOAA.8

(a) OFFICIALS RESPONSIBLE.—Subsection (a) of sec-9

tion 1076c of title 10, United States Code, is amended10

by striking out ‘‘Secretary of Defense’’ and inserting in11

lieu thereof ‘‘administering Secretaries’’.12

(b) ELIGIBILITY.—Subsection (b)(1) of such section13

is amended by striking out ‘‘Armed Forces’’ and inserting14

in lieu thereof ‘‘uniformed services’’.15

SEC. 707. PROSTHETIC DEVICES FOR DEPENDENTS.16

(a) EXPANDED AUTHORITY.—Section 1077(a) of17

title 10, United States Code, is amended by adding at the18

end the following:19

‘‘(15) Artificial limbs, voice prostheses, and ar-20

tificial eyes.21

‘‘(16) Any prosthetic device not named in para-22

graph (15) that is determined under regulations pre-23

scribed by the Secretary of Defense to be necessary24

because of one or more significant impairments re-25

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sulting from trauma, congenital anomaly, or dis-1

ease.’’.2

(b) CONFORMING AMENDMENT.—Paragraph (2) of3

subsection (b) of such section is amended to read as fol-4

lows:5

‘‘(2) Hearing aids, orthopedic footwear, and6

spectacles, except that such items may be sold, at7

the cost to the United States, to dependents outside8

the United States and at stations inside the United9

States where adequate civilian facilities are unavail-10

able.’’.11

SEC. 708. SENSE OF CONGRESS REGARDING QUALITY12

HEALTH CARE FOR RETIREES.13


ings:15

(1) Many retired military personnel believe that16

they were promised lifetime health care in exchange17

for 20 or more years of service.18

(2) Military retirees are the only Federal Gov-19

ernment personnel who have been prevented from20

using their employer-provided health care at or after21

65 years of age.22

(3) Military health care has become increasingly23

difficult to obtain for military retirees as the De-24

274

S 936 RFH

partment of Defense reduces its health care infra-1

structure.2

(4) Military retirees deserve to have a health3

care program at least comparable with that of retir-4

ees from civilian employment by the Federal Govern-5

ment.6

(5) The availability of quality, lifetime health7

care is a critical recruiting incentive for the Armed8

Forces.9

(6) Quality health care is a critical aspect of10

the quality of life of the men and women serving in11

the Armed Forces.12


gress that—14

(1) the United States has incurred a moral obli-15

gation to provide health care to retirees from service16

in the Armed Forces;17

(2) it is, therefore, necessary to provide quality,18

affordable health care to such retirees; and19

(3) Congress and the President should take20

steps to address the problems associated with health21

care for such retirees within two years after the date22

of the enactment of this Act.23

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SEC. 709. CHIROPRACTIC HEALTH CARE DEMONSTRATION1

PROGRAM.2

(a) TWO-YEAR EXTENSION.—Subsection (b) of sec-3

tion 731 of the National Defense Authorization Act for4


10 U.S.C. 1092 note) is amended by striking out ‘‘1997’’6

and inserting in lieu thereof ‘‘1999’’.7

(b) EXPANSION TO AT LEAST THREE ADDITIONAL8

TREATMENT FACILITIES.—Subsection (a)(2) of such sec-9

tion is amended by striking out ‘‘not less than 10’’ and10

inserting in lieu thereof ‘‘the National Naval Medical Cen-11

ter, the Walter Reed Army Medical Center, and not less12

than 11 other’’13

(c) REPORTS.—Subsection (c) of such section is14

amended—15

(1) in paragraph (1), by striking out ‘‘Commit-16

tees on Armed Services of the Senate and’’ and in-17

serting in lieu thereof ‘‘Committee on Armed Serv-18

ices of the Senate and the Committee on National19

Security of’’;20

(2) by redesignating paragraph (3) as para-21

graph (4);22

(3) by inserting after paragraph (2) the follow-23

ing new paragraph (3):24

‘‘(3)(A) Not later than January 30, 1998, the Sec-25

retary of Defense shall submit to the committees referred26

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to in paragraph (1) a report that identifies the additional1

treatment facilities designated to furnish chiropractic care2

under the program that were not so designated before the3

report required by paragraph (1) was prepared, together4

with the plan for the conduct of the program at the addi-5

tional treatment facilities.6

‘‘(B) Not later than May 1, 1998, the Secretary of7

Defense shall modify the plan for evaluating the program8

submitted pursuant to paragraph (2) in order to provide9

for the evaluation of the program at all of the designated10

treatment facilities, including the treatment facilities re-11

ferred to in subparagraph (B).’’; and12

(4) in paragraph (4), as redesignated by paragraph13

(2), by striking out ‘‘The Secretary’’ and inserting in lieu14

thereof ‘‘Not later than May 1, 2000, the Secretary’’.15

SEC. 710. AUTHORITY FOR AGREEMENT FOR USE OF MEDI-16

CAL RESOURCE FACILITY, ALAMAGORDO,17

NEW MEXICO.18

(a) AUTHORITY.—The Secretary of the Air Force19

may enter into an agreement with Gerald Champion Hos-20

pital, Alamagordo, New Mexico (in this section referred21

to as the ‘‘Hospital’’), providing for the Secretary to fur-22

nish health care services to eligible individuals in a medical23

resource facility in Alamagordo, New Mexico, that is con-24

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structed, in part, using funds provided by the Secretary1

under the agreement.2

(b) CONTENT OF AGREEMENT.—Any agreement en-3

tered into under subsection (a) shall, at a minimum, speci-4

fy the following:5

(1) The relationship between the Hospital and6

the Secretary in the provision of health care services7

to eligible individuals in the facility, including—8

(A) whether or not the Secretary and the9

Hospital is to use and administer the facility10

jointly or independently; and11

(B) under what circumstances the Hospital12

is to act as a provider of health care services13

under the TRICARE managed care program.14

(2) Matters relating to the administration of15

the agreement, including—16

(A) the duration of the agreement;17

(B) the rights and obligations of the Sec-18

retary and the Hospital under the agreement,19

including any contracting or grievance proce-20

dures applicable under the agreement;21

(C) the types of care to be provided to eli-22

gible individuals under the agreement, including23

the cost to the Department of the Air Force of24

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providing the care to eligible individuals during1

the term of the agreement;2

(D) the access of Air Force medical per-3

sonnel to the facility under the agreement;4

(E) the rights and responsibilities of the5

Secretary and the Hospital upon termination of6

the agreement; and7

(F) any other matters jointly identified by8

the Secretary and the Hospital.9

(3) The nature of the arrangement between the10

Secretary and the Hospital with respect to the own-11

ership of the facility and any property under the12

agreement, including—13

(A) the nature of that arrangement while14

the agreement is in force;15

(B) the nature of that arrangement upon16

termination of the agreement; and17

(C) any requirement for reimbursement of18

the Secretary by the Hospital as a result of the19

arrangement upon termination of the agree-20

ment.21

(4) The amount of the funds available under22

subsection (c) that the Secretary is to contribute for23

the construction and equipping of the facility.24

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(5) Any conditions or restrictions relating to1

the construction, equipping, or use of the facility.2

(c) AVAILABILITY OF FUNDS FOR CONSTRUCTION3

AND EQUIPPING OF FACILITY.—Of the amount authorized4

to be appropriated by section 301(21), not more than5

$7,000,000 may be available for the contribution of the6

Secretary referred to in subsection (b)(4) to the construc-7

tion and equipping of the facility described in subsection8

(a).9

(d) NOTICE AND WAIT.—The Secretary may not10

enter into the agreement authorized by subsection (a)11

until 90 days after the Secretary submits to the congres-12

sional defense committees a report describing the agree-13

ment. The report shall set forth the memorandum of14

agreement under subsection (b), the results of a cost-bene-15

fit analysis conducted by the Secretary with respect to the16

agreement, and such other information with respect to the17

agreement as the Secretary considers appropriate.18

(e) ELIGIBLE INDIVIDUAL DEFINED.—In this sec-19

tion, the term ‘‘eligible individual’’ means any individual20

eligible for medical and dental care under chapter 55 of21

title 10, United States Code, including any individual enti-22

tled to such care under section 1074(a) of that title.23

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SEC. 711. STUDY CONCERNING THE PROVISION OF COM-1

PARATIVE INFORMATION.2

(a) STUDY.—The Secretary of Defense shall conduct3

a study concerning the provision of the information de-4

scribed in subsection (b) to beneficiaries under the5

TRICARE program established under the authority of6

chapter 55 of title 10, United States Code, and prepare7

and submit to the appropriate committees of Congress a8

report concerning such study.9

(b) PROVISION OF COMPARATIVE INFORMATION.—10

Information described in this subsection, with respect to11

a managed care entity that contracts with the Secretary12

of Defense to provide medical assistance under the pro-13

gram described in subsection (a), shall include the follow-14

ing:15

(1) BENEFITS.—The benefits covered by the16

entity involved, including—17

(A) covered items and services beyond18

those provided under a traditional fee-for-serv-19

ice program;20

(B) any beneficiary cost sharing; and21

(C) any maximum limitations on out-of-22

pocket expenses.23

(2) PREMIUMS.—The net monthly premium, if24

any, under the entity.25

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(3) SERVICE AREA.—The service area of the en-1

tity.2

(4) QUALITY AND PERFORMANCE.—To the ex-3

tent available, quality and performance indicators4

for the benefits under the entity (and how they com-5

pare to such indicators under the traditional fee-for-6

service programs in the area involved), including—7

(A) disenrollment rates for enrollees elect-8

ing to receive benefits through the entity for the9

previous 2 years (excluding disenrollment due10

to death or moving outside the service area of11

the entity);12

(B) information on enrollee satisfaction;13

(C) information on health process and out-14

comes;15

(D) grievance procedures;16

(E) the extent to which an enrollee may se-17

lect the health care provider of their choice, in-18

cluding health care providers within the net-19

work of the entity and out-of-network health20

care providers (if the entity covers out-of-net-21

work items and services); and22

(F) an indication of enrollee exposure to23

balance billing and the restrictions on coverage24

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of items and services provided to such enrollee1

by an out-of-network health care provider.2

(5) SUPPLEMENTAL BENEFITS OPTIONS.—3

Whether the entity offers optional supplemental ben-4

efits and the terms and conditions (including pre-5

miums) for such coverage.6

(6) PHYSICIAN COMPENSATION.—An overall7

summary description as to the method of compensa-8

tion of participating physicians.9

Subtitle B—Uniformed Services10

Treatment Facilities11

SEC. 731. IMPLEMENTATION OF DESIGNATED PROVIDER12

AGREEMENTS FOR UNIFORMED SERVICES13

TREATMENT FACILITIES.14

(a) COMMENCEMENT OF HEALTH CARE SERVICES15

UNDER AGREEMENT.—Subsection (c) of section 722 of16

the National Defense Authorization Act for fiscal year17

1997 (Public Law 104–201; 10 U.S.C. 1073 note) is18

amended—19

(1) by redesignating paragraphs (1) and (2) as20

subparagraphs (A) and (B);21

(2) by inserting ‘‘(1)’’ before ‘‘Unless’’; and22


paragraph:24

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‘‘(2) The Secretary may modify the effective1

date established under paragraph (1) for an agree-2

ment to permit a transition period of not more than3

six months between the date on which the agreement4

is executed by the parties and the date on which the5

designated provider commences the delivery of6

health care services under the agreement.’’.7

(b) TEMPORARY CONTINUATION OF EXISTING PAR-8

TICIPATION AGREEMENTS.—Subsection (d) of such sec-9

tion is amended by inserting before the period at the end10

the following: ‘‘, including any transitional period provided11

by the Secretary under paragraph (2) of such subsection’’.12

(c) ARBITRATION.—Subsection (c) of such section is13

further amended by adding at the end the following new14

paragraph:15

‘‘(3) In the case of a designated provider whose16

service area has a managed care support contract17

implemented under the TRICARE program as of18

September 23, 1996, the Secretary and the des-19

ignated provider shall submit to binding arbitration20

if the agreement has not been executed by October21

1, 1997. The arbitrator, mutually agreed upon by22

the Secretary and the designated provider, shall be23

selected from the American Arbitration Association.24

The arbitrator shall develop an agreement that shall25

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be executed by the Secretary and the designated pro-1

vider by January 1, 1998. Notwithstanding para-2

graph (1), the effective date for such agreement3

shall be not more than six months after the date on4

which the agreement is executed.’’.5

(d) CONTRACTING OUT OF PRIMARY CARE SERV-6

ICES.—Subsection (f)(2) of such section is amended by in-7

serting at the end the following new sentence: ‘‘Such limi-8

tation on contracting out primary care services shall only9

apply to contracting out to a health maintenance organiza-10

tion, or to a licensed insurer that is not controlled directly11

or indirectly by the designated provider, except in the case12

of primary care contracts between a designated provider13

and a contractor in force as of September 23, 1996. Sub-14

ject to the overall enrollment restriction under section 72415

and limited to the historical service area of the designated16

provider, professional service agreements or independent17

contractor agreements with primary care physicians or18

groups of primary care physicians, however organized, and19

employment agreements with such physicians shall not be20

considered to be the type of contracts that are subject to21

the limitation of this subsection, so long as the designated22

provider itself remains at risk under its agreement with23

the Secretary in the provision of services by any such con-24

tracted physicians or groups of physicians.’’.25

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(e) UNIFORM BENEFIT.—Section 723(b) of the Na-1

tional Defense Authorization Act for fiscal year 19972

(Public Law 104–201; 10 U.S.C. 1073 note) is3

amended—4

(1) in subsection (1), by inserting before the pe-5

riod at the end the following: ‘‘, subject to any modi-6

fication to the effective date the Secretary may pro-7

vide pursuant to section 722(c)(2)’’, and8

(2) in subsection (2), by inserting before the pe-9

riod at the end the following: ’’, or the effective date10

of agreements negotiated pursuant to section11

722(c)(3)’’.12

SEC. 732. LIMITATION ON TOTAL PAYMENTS.13

Section 726(b) of the National Defense Authorization14

Act for fiscal year 1997 (Public Law 104–201; 10 U.S.C.15

1073 note) is amended by adding at the end the following16

new sentence: ‘‘In establishing the ceiling rate for enroll-17

ees with the designated providers who are also eligible for18

the Civilian Health and Medical Program of the Uni-19

formed Services, the Secretary of Defense shall take into20

account the health status of the enrollees.’’.21

SEC. 733. CONTINUED ACQUISITION OF REDUCED-COST22

DRUGS.23


Act for fiscal year 1997 (Public Law 104–201; 10 U.S.C.25

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1073 note) is amended by adding at the end the following1

new subsection:2

‘‘(g) CONTINUED ACQUISITION OF REDUCED-COST3

DRUGS.—A designated provider shall be treated as part4

of the Department of Defense for purposes of section 81265

of title 38, United States Code, in connection with the pro-6

vision by the designated provider of health care services7

to covered beneficiaries pursuant to the participation8

agreement of the designated provider under section 718(c)9

of the National Defense Authorization Act for fiscal year10

1991 (Public Law 101–510; 42 U.S.C. 248c note) or pur-11

suant to the agreement entered into under subsection12

(b).’’.13

Subtitle C—Persian Gulf Illnesses14


For purposes of this subtitle:16

(1) The term ‘‘Gulf War illness’’ means any one17

of the complex of illnesses and symptoms that might18

have been contracted by members of the Armed19

Forces as a result of service in the Southwest Asia20

theater of operations during the Persian Gulf War.21

(2) The term ‘‘Persian Gulf War’’ has the22

meaning given that term in section 101 of title 38,23


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(3) The term ‘‘Persian Gulf veteran’’ means an1

individual who served on active duty in the Armed2

Forces in the Southwest Asia theater of operations3

during the Persian Gulf War.4

(4) The term ‘‘contingency operation’’ has the5

meaning given that term in section 101(a) of title6

10, United States Code, and includes a humani-7

tarian operation, peacekeeping operation, or similar8

operation.9

SEC. 752. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN10

GULF VETERANS.11

(a) PLAN REQUIRED.—The Secretary of Defense and12

the Secretary of Veterans Affairs, acting jointly, shall pre-13

pare a plan to provide appropriate health care to Persian14

Gulf veterans (and their dependents) who suffer from a15

Gulf War illness.16

(b) CONTENT OF PLAN.—In preparing the plan, the17

Secretaries shall—18

(1) use the presumptions of service connection19

and illness specified in paragraphs (1) and (2) of20

section 721(d) of the National Defense Authoriza-21

tion Act for Fiscal Year 1995 (Public Law 103–337;22

10 U.S.C. 1074 note) to determine the Persian Gulf23

veterans (and the dependents of Persian Gulf veter-24

ans) who should be covered by the plan;25

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(2) consider the need and methods available to1

provide health care services to Persian Gulf veterans2

who are no longer on active duty in the Armed3

Forces, such as Persian Gulf veterans who are mem-4

bers of the reserve components and Persian Gulf5

veterans who have been separated from the Armed6

Forces; and7

(3) estimate the costs to the Government of8

providing full or partial health care services under9

the plan to covered Persian Gulf veterans (and their10

covered dependents).11

(c) FOLLOWUP TREATMENT.—The plan required by12

subsection (a) shall specifically address the measures to13

be used to monitor the quality, appropriateness, and effec-14

tiveness of, and patient satisfaction with, health care serv-15

ices provided to Persian Gulf veterans after their initial16

medical examination as part of registration in the Persian17

Gulf War Veterans Health Registry or the Comprehensive18

Clinical Evaluation Program.19

(d) SUBMISSION OF PLAN.—Not later than March20

15, 1998, the Secretaries shall submit to Congress the21

plan required by subsection (a).22

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SEC. 753. IMPROVED MEDICAL TRACKING SYSTEM FOR1

MEMBERS DEPLOYED OVERSEAS IN CONTIN-2

GENCY OR COMBAT OPERATIONS.3

(a) SYSTEM REQUIRED.—Chapter 55 of title 10,4

United States Code, is amended by inserting after section5

1074d the following new section:6

‘‘§ 1074e. Medical tracking system for members de-7

ployed overseas8

‘‘(a) SYSTEM REQUIRED.—The Secretary of Defense9

shall establish a system to assess the medical condition10

of members of the armed forces (including members of the11

reserve components) who are deployed outside the United12

States or its territories or possessions as part of a contin-13

gency operation (including a humanitarian operation,14

peacekeeping operation, or similar operation) or combat15

operation.16

‘‘(b) ELEMENTS OF SYSTEM.—The system shall in-17

clude the use of predeployment medical examinations and18

postdeployment medical examinations (including an as-19

sessment of mental health and the drawing of blood sam-20

ples) to accurately record the medical condition of mem-21

bers before their deployment and any changes in their22

medical condition during the course of their deployment.23

The postdeployment examination shall be conducted when24

the member is redeployed or otherwise leaves an area in25

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which the system is in operation (or as soon as possible1

thereafter).2

‘‘(c) RECORDKEEPING.—The Secretary of Defense3

shall submit to Congress not later than March 15, 1998,4

a plan to ensure that the results of all medical examina-5

tions conducted under the system, records of all health6

care services (including immunizations) received by mem-7

bers described in subsection (a) in anticipation of their8

deployment or during the course of their deployment, and9

records of events occurring in the deployment area that10

may affect the health of such members shall be retained11

and maintained in a centralized location or locations to12

improve future access to the records. The report shall in-13

clude a schedule for implementation of the plan completion14

within 2 years of enactment.15

‘‘(d) QUALITY ASSURANCE.—The Secretary of De-16

fense shall establish a quality assurance program to evalu-17

ate the success of the system in ensuring that members18

described in subsection (a) receive predeployment medical19

examinations and postdeployment medical examinations20

and that the recordkeeping requirements are met.’’.21


at the beginning of such chapter is amended by inserting23

after the item relating to section 1074d the following new24

item:25

‘‘1074e. Medical tracking system for members deployed overseas.’’.

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SEC. 754. REPORT ON PLANS TO TRACK LOCATION OF MEM-1

BERS IN A THEATER OF OPERATIONS.2

Not later than March 1, 1998, the Secretary of De-3

fense shall submit to Congress a report containing a plan4

for collecting and maintaining information regarding the5

daily location of units of the Armed Forces, and to the6

extent practicable individual members of such units, serv-7

ing in a theater of operations during a contingency oper-8

ation or combat operation.9

SEC. 755. REPORT ON PLANS TO IMPROVE DETECTION AND10

MONITORING OF CHEMICAL, BIOLOGICAL,11

AND ENVIRONMENTAL HAZARDS IN A THEA-12

TER OF OPERATIONS.13


fense shall submit to Congress a report containing a plan15

regarding the deployment, in a theater of operations dur-16

ing a contingency operation or combat operation, of a spe-17

cialized unit of the Armed Forces with the capability and18

expertise to detect and monitor the presence of chemical19

hazards, biological hazards, and environmental hazards to20

which members of the Armed Forces may be exposed.21

SEC. 756. NOTICE OF USE OF DRUGS UNAPPROVED FOR22

THEIR INTENDED USAGE.23

(a) NOTICE REQUIREMENTS.—Chapter 55 of title 10,24


following new section:26

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‘‘§ 1107. Notice of use of investigational new drugs1

‘‘(a) NOTICE REQUIRED.—(1) Whenever the Sec-2

retary of Defense requests or requires a member of the3

armed forces to receive a drug unapproved for its intended4

use, the Secretary shall provide the member with notice5

containing the information specified in subsection (d).6

‘‘(2) The Secretary shall also ensure that medical7

care providers who administer a drug unapproved for its8

intended use or who are likely to treat members who re-9

ceive such a drug receive the information required to be10

provided under paragraphs (3) and (4) of subsection (d).11

‘‘(b) TIME FOR NOTICE.—The notice required to be12

provided to a member under subsection (a)(1) shall be pro-13

vided before the drug is first administered to the member,14

if practicable, but in no case later than 30 days after the15

drug is first administered to the member.16

‘‘(c) FORM OF NOTICE.—The notice required under17

subsection (a)(1) shall be provided in writing unless the18

Secretary of Defense determines that the use of written19

notice is impractical because of the number of members20

receiving the unapproved drug, time constraints, or similar21

reasons. If the Secretary provides notice under subsection22

(a)(1) in a form other than in writing, the Secretary shall23

submit to Congress a report describing the notification24

method used and the reasons for the use of the alternative25

method.26

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‘‘(d) CONTENT OF NOTICE.—The notice required1

under subsection (a)(1) shall include the following:2

‘‘(1) Clear notice that the drug being adminis-3

tered has not been approved for its intended usage.4

‘‘(2) The reasons why the unapproved drug is5

being administered.6

‘‘(3) Information regarding the possible side ef-7

fects of the unapproved drug, including any known8

side effects possible as a result of the interaction of9

the drug with other drugs or treatments being ad-10

ministered to the members receiving the drug.11

‘‘(4) Such other information that, as a condi-12

tion for authorizing the use of the unapproved drug,13

the Secretary of Health and Human Services may14

require to be disclosed.15

‘‘(e) RECORDS OF USE.—The Secretary of Defense16

shall ensure that the medical records of members accu-17

rately document the receipt by members of any investiga-18

tional new drug and the notice required by subsection (d).19

‘‘(f) DEFINITION.—In this section, the term ‘inves-20

tigational new drug’ means a drug covered by section21

505(i) of the Federal Food, Drug, and Cosmetic Act (2122

U.S.C. 355(i)).’’.23

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‘‘1107. Notice of use of drugs unapproved for their intended usage.’’.

SEC. 757. REPORT ON EFFECTIVENESS OF RESEARCH EF-4

FORTS REGARDING GULF WAR ILLNESSES.5


fense shall submit to Congress a report evaluating the ef-7

fectiveness of medical research initiatives regarding Gulf8

War illnesses. The report shall address the following:9

(1) The type and effectiveness of previous re-10

search efforts, including the activities undertaken11

pursuant to section 743 of the National Defense Au-12


104–201; 10 U.S.C. 1074 note), section 722 of the14

National Defense Authorization Act for Fiscal Year15

1995 (Public Law 103–337; 10 U.S.C. 1074 note),16

and sections 270 and 271 of the National Defense17

Authorization Act for Fiscal Year 1994 (Public Law18

103–160; 107 Stat. 1613).19

(2) Recommendations regarding additional re-20

search regarding Gulf War illnesses, including re-21

search regarding the nature and causes of Gulf War22

illnesses and appropriate treatments for such ill-23

nesses.24

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(3) The adequacy of Federal funding and the1

need for additional funding for medical research ini-2

tiatives regarding Gulf War illnesses.3

SEC. 758. PERSIAN GULF ILLNESS CLINICAL TRIALS PRO-4

GRAM.5

(a) FINDINGS.—Congress finds the following:6

(1) There are many ongoing studies that inves-7

tigate risk factors which may be associated with the8

health problems experienced by Persian Gulf veter-9

ans; however, there have been no studies that exam-10

ine health outcomes and the effectiveness of the11

treatment received by such veterans.12

(2) The medical literature and testimony pre-13

sented in hearings on Gulf War illnesses indicate14

that there are therapies, such as cognitive behavioral15

therapy, that have been effective in treating patients16

with symptoms similar to those seen in many Per-17

sian Gulf veterans.18

(b) ESTABLISHMENT OF PROGRAM.—The Secretary19

of Defense and the Secretary of Veterans Affairs, acting20

jointly, shall establish a program of cooperative clinical21

trials at multiple sites to assess the effectiveness of proto-22

cols for treating Persian Gulf veterans who suffer from23

ill-defined or undiagnosed conditions. Such protocols shall24

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include a multidisciplinary treatment model, of which cog-1

nitive behavioral therapy is a component.2

(c) FUNDING.—Of the amount authorized to be ap-3

propriated in section 201(1), the sum of $4,500,000 shall4

be available for program element 62787A (medical tech-5

nology) in the budget of the Department of Defense for6

fiscal year 1998 to carry out the clinical trials program7

established pursuant to subsection (b).8

TITLE VIII—ACQUISITION POL-9

ICY, ACQUISITION MANAGE-10

MENT, AND RELATED MAT-11

TERS12

Subtitle A—Amendments to Gen-13

eral Contracting Authorities,14

Procedures, and Limitations15

SEC. 801. STREAMLINED APPROVAL REQUIREMENTS FOR16

CONTRACTS UNDER INTERNATIONAL AGREE-17

MENTS.18

Section 2304(f)(2)(E) of title 10, United States19

Code, is amended by striking out ‘‘and such document is20

approved by the competition advocate for the procuring21

activity’’.22

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SEC. 802. RESTRICTION ON UNDEFINITIZED CONTRACT AC-1

TIONS.2

(a) APPLICABILITY OF WAIVER AUTHORITY TO HU-3

MANITARIAN OR PEACEKEEPING OPERATIONS.—Section4

2326(b)(4) of title 10, United States Code, is amended5

to read as follows:6

‘‘(4) The head of an agency may waive the provisions7

of this subsection with respect to a contract of that agency8

if that head of an agency determines that the waiver is9

necessary in order to support any of the following oper-10

ations:11

‘‘(A) A contingency operation.12

‘‘(B) A humanitarian or peacekeeping oper-13

ation.’’.14

(b) HUMANITARIAN OR PEACEKEEPING OPERATION15

DEFINED.—Section 2302(7) of such title is amended—16

(1) by striking out ‘‘(7)(A)’’ and inserting in17

lieu thereof ‘‘(7)’’; and18

(2) by striking out ‘‘(B) In subparagraph (A),19

the’’ and inserting in lieu thereof ‘‘(8) The’’.20

SEC. 803. EXPANSION OF AUTHORITY TO CROSS FISCAL21

YEARS TO ALL SEVERABLE SERVICE CON-22

TRACTS NOT EXCEEDING A YEAR.23

(a) EXPANDED AUTHORITY.—Section 2410a of title24

10, United States Code, is amended to read as follows:25

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‘‘§ 2410a. Severable service contracts for periods1

crossing fiscal years2

‘‘(a) AUTHORITY.—The Secretary of Defense or the3

Secretary of a military department may enter into a con-4

tract for procurement of severable services for a period5

that begins in one fiscal year and ends in the next fiscal6

year if (without regard to any option to extend the period7

of the contract) the contract period does not exceed one8

year.9

‘‘(b) OBLIGATION OF FUNDS.—Funds made available10

for a fiscal year may be obligated for the total amount11

of a contract entered into under the authority of sub-12


(b) CLERICAL AMENDMENT.—The item relating to14


chapter 141 of such title is amended to read as follows:16

‘‘2410a. Severable service contracts for periods crossing fiscal years.’’.

SEC. 804. LIMITATION ON ALLOWABILITY OF COMPENSA-17

TION FOR CERTAIN CONTRACTOR PERSON-18

NEL.19

(a) CERTAIN COMPENSATION NOT ALLOWABLE AS20

COSTS UNDER DEFENSE CONTRACTS.—(1) Subsection21

(e)(1) of section 2324 of title 10, United States Code, is22


‘‘(P) Costs of compensation of senior executives24

of contractors for a fiscal year, to the extent that25

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such compensation exceeds the benchmark com-1

pensation amount determined applicable for the fis-2

cal year by the Administrator for Federal Procure-3

ment Policy under section 39 of the Office of Fed-4

eral Procurement Policy Act (41 U.S.C. 435).’’.5

(2) Subsection (l) of such section is amended by add-6


‘‘(4) The term ‘compensation’, for a fiscal year,8

means the total amount of wages, salary, bonuses9

and deferred compensation for the fiscal year,10

whether paid, earned, or otherwise accruing, as re-11

corded in an employer’s cost accounting records for12

the fiscal year.13

‘‘(5) The term ‘senior executive’, with respect to14

a contractor, means—15

‘‘(A) the chief executive officer of the con-16

tractor or any individual acting in a similar ca-17

pacity for the contractor;18

‘‘(B) the five most highly compensated em-19

ployees in management positions of the contrac-20

tor other than the chief executive officer; and21

‘‘(C) in the case of a contractor that has22

components managed by personnel who report23

on the operations of the components directly to24

officers of the contractor, the five most highly25

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compensated individuals in management posi-1

tions at each such component.’’.2

(b) CERTAIN COMPENSATION NOT ALLOWABLE AS3

COSTS UNDER NON-DEFENSE CONTRACTS.—(1) Sub-4

section (e)(1) of section 306 of the Federal Property and5

Administrative Services Act of 1949 (41 U.S.C. 256) is6


‘‘(P) Costs of compensation of senior executives8

of contractors for a fiscal year, to the extent that9

such compensation exceeds the benchmark com-10

pensation amount determined applicable for the fis-11

cal year by the Administrator for Federal Procure-12

ment Policy under section 39 of the Office of Fed-13

eral Procurement Policy Act (41 U.S.C. 435).’’.14

(2) Such section is further amended by adding at the15


‘‘(m) OTHER DEFINITIONS.—In this section:17

‘‘(1) The term ‘compensation’, for a fiscal year,18


and deferred compensation for the fiscal year,20

whether paid, earned, or otherwise accruing, as re-21

corded in an employer’s cost accounting records for22

the fiscal year.23


a contractor, means—25

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‘‘(A) the chief executive officer of the con-1

tractor or any individual acting in a similar ca-2

pacity for the contractor;3


ployees in management positions of the contrac-5

tor other than the chief executive officer; and6

‘‘(C) in the case of a contractor that has7



officers of the contractor, the five most highly10


tions at each such component.’’.12

(c) LEVELS OF COMPENSATION NOT ALLOWABLE.—13

(1) The Office of Federal Procurement Policy Act (4114

U.S.C. 401 et seq.) is amended by adding at the end the15

following:16

‘‘SEC. 39. LEVELS OF COMPENSATION OF CERTAIN CON-17

TRACTOR PERSONNEL NOT ALLOWABLE AS18

COSTS UNDER CERTAIN CONTRACTS.19

‘‘(a) DETERMINATION REQUIRED.—For purposes of20

section 2324(e)(1)(P) of title 10, United States Code, and21

section 306(e)(1)(P) of the Federal Property and Admin-22

istrative Services Act of 1949 (41 U.S.C. 256(e)(1)(P)),23

the Administrator shall review commercially available sur-24

veys of executive compensation and, on the basis of the25

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results of the review, determine a benchmark compensa-1

tion amount to apply for each fiscal year. In making deter-2

minations under this subsection the Administrator shall3

consult with the Director of the Defense Contract Audit4

Agency and such other officials of executive agencies as5

the Administrator considers appropriate.6

‘‘(b) BENCHMARK COMPENSATION AMOUNT.—The7

benchmark compensation amount applicable for a fiscal8

year is the median amount of the compensation provided9

for all senior executives of all benchmark corporations for10

the most recent year for which data is available at the11

time the determination under subsection (a) is made.12

‘‘(c) DEFINITIONS.—In this section:13

‘‘(1) The term ‘compensation’, for a year,14


and deferred compensation for the year, whether16

paid, earned, or otherwise accruing, as recorded in17

an employer’s cost accounting records for the year.18


a corporation, means—20

‘‘(A) the chief executive officer of the cor-21

poration or any individual acting in a similar22

capacity for the corporation;23

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ployees in management positions of the corpora-2

tion other than the chief executive officer; and3

‘‘(C) in the case of a corporation that has4



officers of the corporation, the five most highly7


tions at each such component.9

‘‘(3) The term ‘benchmark corporation’, with10

respect to a year, means a publicly-owned United11

States corporation that has annual sales in excess of12

$50,000,000 for the year.13

‘‘(4) The term ‘publicly-owned United States14

corporation’ means a corporation organized under15

the laws of a State of the United States, the District16

of Columbia, the Commonwealth of Puerto Rico, or17

a possession of the United States the voting stock of18

which is publicly traded.’’.19

(2) The table of sections in section 1(b) of such Act20

is amended by adding at the end the following:21

‘‘Sec. 39. Levels of compensation of certain contractor personnel not allowable

as costs under certain contracts.’’.

(d) REGULATIONS.—Regulations implementing the22

amendments made by this section shall be published in23

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the Federal Register not later than the effective date of1

the amendments under subsection (e).2

(e) EFFECTIVE DATE.—(1) The amendments made3

by this section shall take effect on the date that is 904

days after the date of the enactment of this Act and shall5

apply with respect to payments that become due from the6

United States after that date under covered contracts en-7

tered into before, on, or after that date.8

(2) In paragraph (1), the term ‘‘covered contract’’9

has the meaning given such term in section 2324(l) of title10

10, United States Code, and section 306(l) of the Federal11

Property and Administrative Services Act of 1949 (4112

U.S.C. 256(l)).13

SEC. 805. INCREASED PRICE LIMITATION ON PURCHASES14

OF RIGHT-HAND DRIVE VEHICLES.15

Section 2253(a)(2) of title 10, United States Code,16

is amended by striking out ‘‘$12,000’’ and inserting in17

lieu thereof ‘‘$30,000’’.18

SEC. 806. CONVERSION OF DEFENSE CAPABILITY PRESER-19

VATION AUTHORITY TO NAVY SHIPBUILDING20

CAPABILITY PRESERVATION AUTHORITY.21

(a) AUTHORITY OF SECRETARY OF THE NAVY.—Sec-22

tion 808 of the National Defense Authorization Act for23


10 U.S.C. 2501) is amended—25

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(1) in subsection (a), by striking out ‘‘Secretary1

of Defense’’ and inserting in lieu thereof ‘‘Secretary2

of the Navy’’; and3

(2) in subsection (b)(2), by striking out ‘‘Sec-4

retary of Defense if the Secretary of Defense’’ and5

inserting in lieu thereof ‘‘Secretary of the Navy if6

the Secretary’’.7

(b) NAME OF AGREEMENTS.—Subsection (a) of such8

section is amended—9

(1) by striking out ‘‘DEFENSE CAPABILITY10

PRESERVATION AGREEMENT.—’’ and inserting in11

lieu thereof ‘‘SHIPBUILDING CAPABILITY PRESERVA-12

TION AGREEMENT.—’’; and13

(2) by striking out ‘‘ ‘defense capability preser-14

vation agreement’ ’’ and inserting in lieu thereof15

‘‘ ‘shipbuilding capability preservation agreement’ ’’.16

(c) SCOPE OF AUTHORITY.—(1) The first sentence17

of subsection (a) of such section is amended—18

(A) by striking out ‘‘defense contractor’’ and in-19

serting in lieu thereof ‘‘shipbuilder’’; and20

(B) by adding at the end the following ‘‘to the21

shipbuilder under a Navy contract for the construc-22

tion of a ship’’.23

(2) Subsection (b)(1)(A) of such section is amended24

by striking out ‘‘defense contract’’ and inserting in lieu25

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thereof ‘‘contract for the construction of a ship for the1

Navy’’.2

(d) MAXIMUM AMOUNT OF ALLOCABLE INDIRECT3

COSTS.—Subsection (b)(1)(C) of such section is4

amended—5

(1) by striking out ‘‘in any year of’’ and insert-6

ing in lieu thereof ‘‘covered by’’; and7

(2) by striking out ‘‘that year’’ and inserting in8

lieu thereof ‘‘the period covered by the agreement’’.9

(e) APPLICABILITY.—Such section is further amend-10

ed by striking out subsections (c), (d), and (e) and insert-11

ing in lieu thereof the following:12

‘‘(c) APPLICABILITY.—(1) An agreement entered into13

with a shipbuilder under subsection (a) shall apply to each14

of the following Navy contracts with the shipbuilder:15

‘‘(A) A contract that is in effect on the date on16

which the agreement is entered into.17

‘‘(B) A contract that is awarded during the18

term of the agreement.19

‘‘(2) In a shipbuilding capability preservation agree-20

ment applicable to a shipbuilder, the Secretary may agree21

to apply the cost reimbursement rules set forth in sub-22

section (b) to allocations of indirect costs to private sector23

work performed by the shipbuilder only with respect to24

costs that the shipbuilder incurred on or after the date25

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of the enactment of the National Defense Authorization1

Act for Fiscal Year 1998 under a contract between the2

shipbuilder and a private sector customer of the ship-3

builder that became effective on or after January 26,4

1996.’’.5

(f) IMPLEMENTATION AND REPORT.—Such section is6

further amended adding at the end the following:7

‘‘(d) IMPLEMENTATION.—Not later than 30 days8

after the date of the enactment of the National Defense9

Authorization Act for Fiscal Year 1998, the Secretary of10

the Navy shall establish application procedures and proce-11

dures for expeditious consideration of shipbuilding capa-12

bility preservation agreements as authorized by this sec-13

tion.14

‘‘(e) REPORT.—Not later than February 15, 1998,15

the Secretary of the Navy shall submit to the congres-16

sional defense committees a report on applications for17

shipbuilding capability preservation agreements. The re-18

port shall contain the number of the applications received,19

the number of the applications approved, and a discussion20

of the reasons for disapproval of any applications dis-21

approved.’’.22

(g) SECTION HEADING.—The heading for such sec-23

tion is amended by striking out ‘‘DEFENSE’’ and inserting24

in lieu thereof ‘‘CERTAIN’’.25

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SEC. 807. ELIMINATION OF CERTIFICATION REQUIREMENT1

FOR GRANTS.2

Section 5153 of the Drug-Free Workplace Act of3


702) is amended—5

(1) in subsection (a)—6

(A) in paragraph (1), by striking out ‘‘has7

certified to the granting agency that it will’’8

and inserting in lieu thereof ‘‘agrees to’’; and9

(B) in paragraph (2), by striking out ‘‘cer-10

tifies to the agency’’ and inserting in lieu there-11

of ‘‘agrees’’; and12

(2) in subsection (b)(1)—13

(A) by striking out subparagraph (A);14

(B) by redesignating subparagraphs (B)15

and (C) as subparagraphs (A) and (B), respec-16

tively; and17

(C) in subparagraph (A), as so redesig-18

nated, by striking out ‘‘such certification by19

failing to carry out’’.20

SEC. 808. REPEAL OF LIMITATION ON ADJUSTMENT OF21

SHIPBUILDING CONTRACTS.22

(a) REPEAL.—(1) Section 2405 of title 10, United23

States Code, is repealed.24

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ing to section 2405.3

(b) APPLICABILITY.—(1) Except as provided in para-4

graph (2), the amendments made by subsection (a) shall5

apply to claims, requests for equitable adjustment, and de-6

mands for payment under shipbuilding contracts that have7

been or are submitted before, on, or after the date of the8


(2) Section 2405 of title 10, United States Code, as10

in effect immediately before the date of the enactment of11

this Act, shall continue to apply to a contractor’s claim,12

request for equitable adjustment, or demand for payment13

under a shipbuilding contract that was submitted before14

such date if—15

(A) a contracting officer denied the claim, re-16

quest, or demand, and the period for appealing the17

decision to a court or board under the Contract Dis-18

putes Act of 1978 expired before such date;19

(B) a court or board of contract appeals consid-20

ering the claim, request, or demand (including any21

appeal of a decision of a contracting officer to deny22

or dismiss the claim, request, or demand) denied the23

claim, request, or demand (or the appeal), and the24

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action of the court or board became final and1

unappealable before such date; or2

(C) the contractor released or releases the3

claim, request, or demand.4

SEC. 809. BLANKET WAIVER OF CERTAIN DOMESTIC5

SOURCE REQUIREMENTS FOR FOREIGN6

COUNTRIES WITH CERTAIN COOPERATIVE OR7

RECIPROCAL RELATIONSHIPS WITH THE8

UNITED STATES.9

(a) AUTHORITY.—(1) Section 2534 of title 10,10


following:12

‘‘(i) WAIVER GENERALLY APPLICABLE TO A COUN-13

TRY.—The Secretary of Defense shall waive the limitation14

in subsection (a) with respect to a foreign country gen-15

erally if the Secretary determines that the application of16

the limitation with respect to that country would impede17

cooperative programs entered into between the Depart-18

ment of Defense and the foreign country, or would impede19

the reciprocal procurement of defense items entered into20

under section 2531 of this title, and the country does not21

discriminate against defense items produced in the United22

States to a greater degree than the United States discrimi-23

nates against defense items produced in that country.’’.24

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(2) The amendment made by paragraph (1) shall1

apply with respect to—2

(A) contracts entered into on or after the date3

of the enactment of this Act; and4

(B) options for the procurement of items that5

are exercised after such date under contracts that6

are entered into before such date if those option7

prices are adjusted for any reason other than the ap-8

plication of a waiver granted under subsection (i) of9

section 2534 of title 10, United States Code (as10

added by paragraph (1)).11

(b) CONFORMING AMENDMENT.—The heading of12

subsection (d) of such section is amended by inserting13

‘‘FOR PARTICULAR PROCUREMENTS’’ after ‘‘WAIVER AU-14

THORITY’’.15

Subtitle B—Contract Provisions16

SEC. 811. CONTRACTOR GUARANTEES OF MAJOR SYSTEMS.17

(a) REVISION OF REQUIREMENT.—Section 2403 of18

title 10, United States Code, is amended to read as fol-19

lows:20

‘‘§ 2403. Major systems: contractor guarantees21

‘‘(a) GUARANTEE REQUIRED.—In any case in which22

the head of an agency determines that it is appropriate23

and cost effective to do so in entering into a contract for24

the production of a major system, the head of an agency25

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shall, except as provided in subsection (b), require the1

prime contractor to provide the United States with a writ-2

ten guarantee that—3

‘‘(1) the item provided under the contract will4

conform to the design and manufacturing require-5

ments specifically delineated in the production con-6

tract (or in any amendment to that contract);7


be free from all defects in materials and workman-9

ship at the time it is delivered to the United States;10


conform to the essential performance requirements12

of the item as specifically delineated in the produc-13

tion contract (or in any amendment to that con-14

tract); and15

‘‘(4) if the item provided under the contract16

fails to meet a guarantee required under paragraph17

(1), (2), or (3), the contractor will, at the election18

of the Secretary of Defense or as otherwise provided19

in the contract—20

‘‘(A) promptly take such corrective action21

as may be necessary to correct the failure at no22

additional cost to the United States; or23

‘‘(B) pay costs reasonably incurred by the24

United States in taking such corrective action.25

313

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‘‘(b) EXCEPTION.—The head of an agency may not1

require a prime contractor under subsection (a) to provide2

a guarantee for a major system, or for a component of3

a major system, that is furnished by the United States.4

‘‘(c) DEFINITIONS.—In this section:5

‘‘(1) The term ‘prime contractor’ means a party6

that enters into an agreement directly with the7

United States to furnish part or all of a major sys-8

tem.9

‘‘(2) The term ‘design and manufacturing re-10

quirements’ means structural and engineering plans11

and manufacturing particulars, including precise12

measurements, tolerances, materials, and finished13

product tests for the major system being produced.14

‘‘(3) The term ‘essential performance require-15

ments’, with respect to a major system, means the16

operating capabilities or maintenance and reliability17

characteristics of the system that are determined by18

the Secretary of Defense to be necessary for the sys-19

tem to fulfill the military requirement for which the20

system is designed.21

‘‘(4) The term ‘component’ means any constitu-22

ent element of a major system.23

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‘‘(5) The term ‘head of an agency’ has the1

meaning given that term in section 2302 of this2

title.’’.3

(b) CLERICAL AMENDMENT.—The item relating to4


chapter 141 of such title is amended to read as follows:6

‘‘2403. Major systems: contractor guarantees.’’.

SEC. 812. VESTING OF TITLE IN THE UNITED STATES7

UNDER CONTRACTS PAID UNDER PROGRESS8

PAYMENT ARRANGEMENTS OR SIMILAR AR-9

RANGEMENTS.10


amended—12

(1) by redesignating subsection (h) as sub-13

section (i); and14

(2) by inserting after subsection (g) the follow-15

ing new subsection (h):16

‘‘(h) VESTING OF TITLE IN THE UNITED STATES.—17

If a contract paid by a method authorized under sub-18

section (a)(1) provides for title to property to vest in the19

United States, the title to the property shall vest in ac-20

cordance with the terms of the contract, regardless of any21

security interest in the property that is asserted before22

or after the contract is entered into.’’.23

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Subtitle C—Acquisition Assistance1

Programs2

SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PRO-3

GRAMS.4

(a) FUNDING.—Of the amount authorized to be ap-5

propriated under section 301(5), $12,000,000 shall be6

available for carrying out the provisions of chapter 1427


(b) SPECIFIC PROGRAMS.—Of the amounts made9

available pursuant to subsection (a), $600,000 shall be10

available for fiscal year 1998 for the purpose of carrying11

out programs sponsored by eligible entities referred to in12

subparagraph (D) of section 2411(1) of title 10, United13

States Code, that provide procurement technical assist-14

ance in distressed areas referred to in subparagraph (B)15

of section 2411(2) of such title. If there is an insufficient16

number of satisfactory proposals for cooperative agree-17

ments in such distressed areas to allow effective use of18

the funds made available in accordance with this sub-19

section in such areas, the funds shall be allocated among20

the Defense Contract Administration Services regions in21

accordance with section 2415 of such title.22

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SEC. 822. ONE-YEAR EXTENSION OF PILOT MENTOR-PRO-1

TEGE PROGRAM.2

Section 831(j) of the National Defense Authorization3

Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is4

amended—5

(1) in paragraph (1), by striking out ‘‘1998’’6

and inserting in lieu thereof ‘‘1999’’;7


and inserting in lieu thereof ‘‘2000’’; and9



SEC. 823. TEST PROGRAM FOR NEGOTIATION OF COM-12

PREHENSIVE SUBCONTRACTING PLANS.13

(a) CONTENT OF SUBCONTRACTING PLANS.—Sub-14

section (b)(2) of section 834 of the National Defense Au-15

thorization Act for Fiscal Years 1990 and 1991 (Public16

Law 101–189; 15 U.S.C. 637 note) is amended—17

(1) by striking out ‘‘plan—’’ and inserting in18

lieu thereof ‘‘plan of a contractor—’’;19

(2) by striking out subparagraph (A);20

(3) by redesignating subparagraph (B) as sub-21

paragraph (A) and by striking out the period at the22

end of such subparagraph and inserting in lieu23

thereof ‘‘; and’’; and24


317

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‘‘(B) shall cover each Department of Defense1

contract that is entered into by the contractor and2

each subcontract that is entered into by the contrac-3

tor as the subcontractor under a Department of De-4

fense contract.’’.5

(b) EXTENSION OF PROGRAM.—Subsection (e) of6

such section is amended by striking out ‘‘September 30,7

1998’’ in the second sentence and inserting in lieu thereof8

‘‘September 30, 2000.’’.9

SEC. 824. PRICE PREFERENCE FOR SMALL AND DISADVAN-10

TAGED BUSINESSES.11

Section 2323(e)(3) of title 10, United States Code,12

is amended by—13

(1) inserting ‘‘(A)’’ after ‘‘(3)’’;14

(2) inserting ‘‘, except as provided in (B),’’15

after ‘‘the head of an agency may’’ in the first sen-16

tence; and17

(3) adding at the end the following:18

‘‘(B) The Secretary of Defense may not exercise the19

authority under subparagraph (A) to enter into a contract20

for a price exceeding fair market cost in any fiscal year21

following a fiscal year in which the Department of Defense22

attained the 5 percent goal required by subsection (a).’’.23

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Subtitle D—Administrative1

Provisions2

SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE3

PENDENCY OF CONTRACT LITIGATION.4

(a) IN GENERAL.—Chapter 141 of title 10, United5


ing new section:7

‘‘§ 2410m. Retention of amounts collected from con-8

tractor during the pendency of contract9

dispute10

‘‘(a) RETENTION OF FUNDS.—Notwithstanding sec-11

tions 1552(a) and 3302(b) of title 31, any amount, includ-12

ing interest, collected from a contractor as a result of a13

claim made by an executive agency under the Contract14

Disputes Act of 1978 (41 U.S.C. 601 et seq.), shall remain15

available in accordance with this section to pay—16

‘‘(1) any settlement of the claim by the parties;17

‘‘(2) any judgment rendered in the contractor’s18

favor on an appeal of the decision on that claim to19

the Armed Services Board of Contract Appeals20

under section 7 of such Act (41 U.S.C. 606); or21

‘‘(3) any judgment rendered in the contractor’s22

favor in an action on that claim in a court of the23

United States.24

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‘‘(b) PERIOD OF AVAILABILITY.—(1) The period of1

availability of an amount under subsection (a), in connec-2

tion with a claim—3

‘‘(A) expires 180 days after the expiration of4

the period for bringing an action on that claim in5

the United States Court of Federal Claims under6

section 10(a) of the Contract Disputes Act of 19787

(41 U.S.C. 609(a)) if, within that 180-day period—8

‘‘(i) no appeal on the claim is commenced9

at the Armed Services Board of Contract Ap-10

peals under section 7 of the Contract Disputes11

Act of 1978; and12

‘‘(ii) no action on the claim is commenced13

in a court of the United States; or14

‘‘(B) if not expiring under subparagraph (A),15

expires—16

‘‘(i) in the case of a settlement of the17

claim, 180 days after the date of the settle-18

ment; or19

‘‘(ii) in the case of a judgment rendered on20

the claim in an appeal to the Armed Services21

Board of Contract Appeals under section 7 of22

the Contract Disputes Act of 1978 or an action23

in a court of the United States, 180 days after24

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the date on which the judgment becomes final1

and not appealable.2

‘‘(2) While available under this section, an amount3

may be obligated or expended only for the purpose de-4

scribed in subsection (a).5

‘‘(3) Upon the expiration of the period of availability6

of an amount under paragraph (1), the amount shall be7

deposited in the Treasury as miscellaneous receipts.8

‘‘(c) REPORTING REQUIREMENT.—Each year, the9

Under Secretary of Defense (Comptroller) shall submit to10

Congress a report on the amounts, if any, that are avail-11

able for obligation pursuant to this section. The report12

shall include, at a minimum, the following:13

‘‘(1) The total amount available for obligation.14

‘‘(2) The total amount collected from contrac-15

tors during the year preceding the year in which the16

report is submitted.17

‘‘(3) The total amount disbursed in such pre-18

ceding year and a description of the purpose for19

each disbursement.20

‘‘(4) The total amount returned to the Treasury21

in such preceding year.’’.22


at the beginning of chapter 141 of title 10, United States24

321

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Code, is amended by adding at the end the following new1

item:2

‘‘2410m. Retention of amounts collected from contractor during the pendency

of contract dispute.’’.

SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM3

DISCLOSURE.4


amended by inserting after subsection (h) the following:6

‘‘(i) PROTECTION OF CERTAIN INFORMATION FROM7

DISCLOSURE.—(1) Disclosure of information described in8

paragraph (2) is not required, and may not be compelled,9

under section 552 of title 5 for five years after the date10

on which the information is received by the Department11

of Defense.12

‘‘(2)(A) Paragraph (1) applies to information de-13

scribed in subparagraph (B) that is in the records of the14

Department of Defense if the information was submitted15

to the department in a competitive or noncompetitive proc-16

ess having the potential for resulting in an award, to the17

party submitting the information, of a cooperative agree-18

ment that includes a clause described in subsection (d)19

or another transaction authorized under subsection (a).20

‘‘(B) The information referred to in subparagraph21

(A) is the following:22

‘‘(i) A proposal, proposal abstract, and support-23

ing documents.24

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‘‘(ii) A business plan submitted on a confiden-1

tial basis.2

‘‘(iii) Technical information submitted on a con-3

fidential basis.’’.4

SEC. 833. CONTENT OF LIMITED SELECTED ACQUISITION5

REPORTS.6

Section 2432(h)(2) of title 10, United States Code,7

is amended—8

(1) by striking out subparagraph (D); and9

(2) by redesignating subparagraphs (E) and10

(F) as subparagraphs (D) and (E), respectively.11

SEC. 834. UNIT COST REPORTS.12

(a) IMMEDIATE REPORT REQUIRED ONLY FOR PRE-13

VIOUSLY UNREPORTED INCREASED COSTS.—Subsection14

(c) of section 2433 of title 10, United States Code, is15

amended by striking out ‘‘during the current fiscal year16

(other than the last quarterly unit cost report under sub-17

section (b) for the preceding fiscal year)’’ in the matter18

following paragraph (3).19

(b) IMMEDIATE REPORT NOT REQUIRED FOR COST20

VARIANCES OR SCHEDULE VARIANCES OF MAJOR CON-21

TRACTS.—Subsection (c) of such section is further22

amended—23

(1) by inserting ‘‘or’’ at the end of paragraph24

(1);25

323

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(2) by striking out ‘‘or’’ at the end of para-1

graph (2); and2

(3) by striking out paragraph (3).3

(c) CONGRESSIONAL NOTIFICATION OF INCREASED4

COST NOT CONDITIONED ON DISCOVERY SINCE BEGIN-5

NING OF FISCAL YEAR.—Subsection (d)(3) of such section6

is amended by striking out ‘‘(for the first time since the7

beginning of the current fiscal year)’’ in the first sentence.8

SEC. 835. CENTRAL DEPARTMENT OF DEFENSE POINT OF9

CONTACT FOR CONTRACTING INFORMATION.10

(a) DESIGNATION OF OFFICIAL.—The Under Sec-11

retary of Defense for Acquisition and Technology shall12

designate an official within the Office of the Under Sec-13

retary of Defense for Acquisition and Technology to serve14

as a central point of contact for persons seeking informa-15

tion described in subsection (b).16

(b) AVAILABLE INFORMATION.—Upon request, the17

official designated under subsection (a) shall provide infor-18

mation on the following:19

(1) How and where to submit unsolicited pro-20

posals for research, development, test, and evalua-21

tion or for furnishing property or services to the De-22

partment of Defense.23

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(2) Department of Defense solicitations for of-1

fers that are open for response and the procedures2

for responding to the solicitations.3

(3) Procedures for being included on any list of4

approved suppliers used by the Department of De-5

fense.6

(c) AVAILABILITY OF INFORMATION.—The official7

designated under subsection (a) shall use a variety of8

means for making the information described in subsection9

(b) readily available to potential contractors for the De-10

partment of Defense. The means shall include the estab-11

lishment of one or more toll-free automated telephone12

lines, posting of information about the services of the offi-13

cial on generally accessible computer communications net-14

works, and advertising.15


SEC. 841. DEFENSE BUSINESS COMBINATIONS.17

(a) EXTENSION OF REQUIREMENT FOR REPORTS ON18

PAYMENT OF RESTRUCTURING COSTS.—Section 818(e) of19

the National Defense Authorization Act for Fiscal Year20


2324 note) is amended by striking out ‘‘1995, 1996, and22

1997’’ and inserting in lieu thereof ‘‘1997, 1998, and23

1999’’.24

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(b) SECRETARY OF DEFENSE REPORTS.—Not later1

than March 1 in each of the years 1998, 1999, and 2000,2

the Secretary of Defense shall submit to the congressional3

defense committees a report on effects on competition re-4

sulting from any business combinations of major defense5

contractors that took place during the year preceding the6

year of the report. The report shall include, for each busi-7

ness combination reviewed by the Department pursuant8

to Department of Defense Directive 5000.62, the follow-9

ing:10

(1) An assessment of any potentially adverse ef-11

fects that the business combination could have on12

competition for Department of Defense contracts13

(including potential horizontal effects, vertical ef-14

fects, and organizational conflicts of interest), the15

national technology and industrial base, or innova-16

tion in the defense industry.17

(2) The actions taken to mitigate the poten-18

tially adverse effects.19

(c) GAO REPORTS.—(1) Not later than December 1,20

1997, the Comptroller General shall—21

(A) in consultation with appropriate officials in22

the Department of Defense—23

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(i) identify major market areas adversely1

affected by business combinations of defense2

contractors since January 1, 1990; and3

(ii) develop a methodology for determining4

the beneficial impact of business combinations5

of defense contractors on the prices paid on6

particular defense contracts; and7

(B) submit to the congressional defense com-8

mittees a report describing, for each major market9

area identified pursuant to subparagraph (A)(i), the10

changes in numbers of businesses competing for11

major defense contracts since January 1, 1990.12

(2) Not later than December 1, 1998, the Comptrol-13

ler General shall submit to the congressional defense com-14

mittees a report containing the following:15

(A) Updated information on—16

(i) restructuring costs of business combina-17

tions paid by the Department of Defense pursu-18

ant to certifications under section 818 of the19

National Defense Authorization Act for Fiscal20

Year 1995, and21

(ii) savings realized by the Department of22

Defense as a result of the business combina-23

tions for which the payment of restructuring24

costs was so certified.25

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S 936 RFH

(B) An assessment of the beneficial impact of1

business combinations of defense contractors on the2

prices paid on a meaningful sample of defense con-3

tracts, determined in accordance with the methodol-4

ogy developed pursuant to paragraph (1)(A)(ii).5

(C) Any recommendations that the Comptroller6

General considers appropriate.7

(d) BUSINESS COMBINATION DEFINED.—In this sec-8

tion, the term ‘‘business combination’’ has the meaning9

given that term in section 818(f) of the National Defense10

Authorization Act for Fiscal Year 1995 (108 Stat. 2822;11

10 U.S.C. 2324 note).12

SEC. 842. LEASE OF NONEXCESS PROPERTY OF DEFENSE13

AGENCIES.14


States Code, is amended by inserting after section 266716

the following:17

‘‘§ 2667a. Leases: non-excess property of Defense18

Agencies19

‘‘(a) AUTHORITY.—Whenever the Director of a De-20

fense Agency considers it advantageous to the United21

States, he may lease to such lessee and upon such terms22

as he considers will promote the national defense or to23

be in the public interest, personal property that is—24

‘‘(1) under the control of the Defense Agency;25

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‘‘(2) not for the time needed for public use; and1

‘‘(3) not excess property, as defined by section2

3 of the Federal Property and Administrative Serv-3

ices Act of 1949 (40 U.S.C. 472).4

‘‘(b) LIMITATION, TERMS, AND CONDITIONS.—A5

lease under subsection (a)—6

‘‘(1) may not be for more than five years unless7

the Director of the Defense Agency concerned deter-8

mines that a lease for a longer period will promote9

the national defense or be in the public interest;10

‘‘(2) may give the lessee the first right to buy11

the property if the lease is revoked to allow the12

United States to sell the property under any other13

provision of law;14

‘‘(3) shall permit the Director to revoke the15

lease at any time, unless he determines that the16

omission of such a provision will promote the na-17

tional defense or be in the public interest; and18

‘‘(4) may provide, notwithstanding any other19

provision of law, for the improvement, maintenance,20

protection, repair, restoration, or replacement by the21

lessee, of the property leased as the payment of part22

or all of the consideration for the lease.23

‘‘(c) DISPOSITION OF MONEY RENT.—Money rentals24

received pursuant to leases entered into by the Director25

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S 936 RFH

of a Defense Agency under subsection (a) shall be depos-1

ited in a special account in the Treasury established for2

such Defense Agency. Amounts in a Defense Agency’s spe-3

cial account shall be available, to the extent provided in4

appropriations Acts, solely for the maintenance, repair,5

restoration, or replacement of the leased property.’’.6

(b) CONFORMING AMENDMENT.—The heading of sec-7

tion 2667 of such title is amended to read as follows:8

‘‘§ 2667. Leases: non-excess property of military de-9

partments’’.10

(c) CLERICAL AMENDMENT.—The table of sections11

at the beginning of chapter 159 of such title is amended12

by striking out the item relating to section 2667 and in-13


‘‘2667. Leases: non-excess property of military departments.

‘‘2667a. Leases: non-excess property of Defense Agencies.’’.

SEC. 843. PROMOTION RATE FOR OFFICERS IN AN ACQUISI-15

TION CORPS.16

(a) REVIEW OF ACQUISITION CORPS PROMOTION SE-17

LECTIONS.—Upon the approval of the President or his18

designee of the report of a selection board convened under19

section 611(a) of title 10, United States Code, which con-20

sidered members of an Acquisition Corps of a military de-21

partment for promotion to a grade above O–4, the Sec-22

retary of the military department shall submit a copy of23

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S 936 RFH

the report to the Under Secretary of Defense for Acquisi-1

tion and Technology for review.2


January 31 of each year, the Under Secretary of Defense4

for Acquisition and Technology shall submit to the Com-5

mittee on Armed Services of the Senate and the Commit-6

tee on National Security of the House of Representatives7

a report containing the Under Secretary’s assessment of8

the extent to which each military department is complying9

with the requirement set forth in section 1731(b) of title10


(c) TERMINATION OF REQUIREMENTS.—This section12

shall cease to be effective on October 1, 2000.13

SEC. 844. USE OF ELECTRONIC COMMERCE IN FEDERAL14

PROCUREMENT.15

(a) POLICY.—Section 30 of the Office of Federal Pro-16

curement Policy Act (41 U.S.C. 426) is amended to read17

as follows:18

‘‘SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL19

PROCUREMENT.20

‘‘(a) IN GENERAL.—The head of each executive agen-21

cy, after consulting with the Administrator, shall establish,22

maintain, and use, to the maximum extent that is prac-23

ticable and cost-effective, procedures and processes that24

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S 936 RFH

employ electronic commerce in the conduct and adminis-1

tration of its procurement system.2

‘‘(b) APPLICABLE STANDARDS.—In conducting elec-3

tronic commerce, the head of an agency shall apply nation-4

ally and internationally recognized standards that broaden5

interoperability and ease the electronic interchange of in-6

formation.7

‘‘(c) AGENCY PROCEDURES.—The head of each exec-8

utive agency shall ensure that systems, technologies, pro-9

cedures, and processes established pursuant to this10

section—11

‘‘(1) are implemented with uniformity through-12

out the agency, to the extent practicable;13

‘‘(2) facilitate access to Federal Government14

procurement opportunities, including opportunities15

for small business concerns, socially and economi-16

cally disadvantaged small business concerns, and17

business concerns owned predominantly by women;18

and19

‘‘(3) ensure that any notice of agency require-20

ments or agency solicitation for contract opportuni-21

ties is provided in a form that allows convenient and22

universal user access through a single, government-23

wide point of entry.24

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S 936 RFH

‘‘(d) IMPLEMENTATION.—The Administrator shall, in1

carrying out the requirements of this section—2

‘‘(1) issue policies to promote, to the maximum3

extent practicable, uniform implementation of this4

section by executive agencies, with due regard for5

differences in program requirements among agencies6

that may require departures from uniform proce-7

dures and processes in appropriate cases, when war-8

ranted because of the agency mission;9

‘‘(2) ensure that the head of each executive10

agency complies with the requirements of subsection11

(c) with respect to the agency systems, technologies,12

procedures, and processes established pursuant to13

this section; and14

‘‘(3) consult with the heads of appropriate Fed-15

eral agencies with applicable technical and functional16

expertise, including the Office of Information and17

Regulatory Affairs, the National Institute of Stand-18

ards and Technology, the General Services Adminis-19

tration, and the Department of Defense.20

‘‘(e) ELECTRONIC COMMERCE DEFINED.—For the21

purposes of this section, the term ‘electronic commerce’22

means electronic techniques for accomplishing business23

transactions, including electronic mail or messaging,24

World Wide Web technology, electronic bulletin boards,25

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S 936 RFH

purchase cards, electronic funds transfers, and electronic1

data interchange.’’.2

(b) REPEAL OF REQUIREMENTS FOR IMPLEMENTA-3

TION OF FACNET CAPABILITY.—Section 30A of the Of-4

fice of Federal Procurement Policy Act (41 U.S.C. 426a)5

is repealed.6

(c) REPEAL OF REQUIREMENT FOR GAO REPORT.—7

Section 9004 of the Federal Acquisition Streamlining Act8

of 1994 (41 U.S.C. 426a note) is repealed.9

(d) REPEAL OF CONDITION FOR USE OF SIMPLIFIED10

ACQUISITION PROCEDURES.—Section 31 of the Office of11

Federal Procurement Policy Act (41 U.S.C. 427) is12

amended—13

(1) by striking out subsection (e); and14

(2) by redesignating subsections (f) and (g) as15

subsections (e) and (f), respectively.16

(e) AMENDMENTS TO PROCUREMENT NOTICE RE-17

QUIREMENTS.—(1) Section 8(g)(1) of the Small Business18

Act (15 U.S.C. 637(g)(1)) is amended—19

(A) by striking out subparagraphs (A) and (B);20

(B) by redesignating subparagraphs (C), (D),21

(E), (F), (G), and (H) as subparagraphs (B), (C),22

(D), (E), (F), and (G), respectively; and23

(C) by inserting before subparagraph (B), as so24

redesignated, the following new subparagraph (A):25

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S 936 RFH

‘‘(A) the proposed procurement is for an1

amount not greater than the simplified acquisition2

threshold and is to be conducted by—3

‘‘(i) using widespread electronic public no-4

tice of the solicitation in a form that allows con-5

venient and universal user access through a sin-6

gle, governmentwide point of entry; and7

‘‘(ii) permitting the public to respond to8

the solicitation electronically.’’.9

(2) Section 18(c)(1) of the Office of Federal Procure-10

ment Policy Act (41 U.S.C. 416(c)(1)) is amended—11

(A) by striking out subparagraphs (A) and (B);12

(B) by redesignating subparagraphs (C), (D),13

(E), (F), (G), and (H) as subparagraphs (B), (C),14

(D), (E), (F), and (G), respectively; and15

(C) by inserting before subparagraph (B), as so16

redesignated, the following new subparagraph (A):17

‘‘(A) the proposed procurement is for an18

amount not greater than the simplified acquisition19

threshold and is to be conducted by—20

‘‘(i) using widespread electronic public no-21

tice of the solicitation in a form that allows con-22

venient and universal user access through a sin-23

gle, governmentwide point of entry; and24

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S 936 RFH

‘‘(ii) permitting the public to respond to1

the solicitation electronically.’’.2

(3) The amendments made by paragraphs (1) and (2)3

shall be implemented in a manner consistent with any ap-4

plicable international agreements.5

(f) CONFORMING AND TECHNICAL AMENDMENTS.—6

(1) Section 5061 of the Federal Acquisition Streamlining7

Act of 1994 (41 U.S.C. 413 note) is amended—8

(A) in subsection (c)(4)—9

(i) by striking out ‘‘the Federal acquisition10

computer network (‘FACNET’)’’ and inserting11

in lieu thereof ‘‘the electronic commerce’’; and12

(ii) by striking out ‘‘(as added by section13

9001)’’; and14

(B) in subsection (e)(9)(A), by striking out ‘‘,15

or by dissemination through FACNET,’’.16

(2) Section 5401 of the Clinger-Cohen Act of 199617

(divisions D and E of Public Law 104–106; 40 U.S.C.18

1501) is amended—19

(A) in subsection (a)—20

(i) by striking out ‘‘through the Federal21

Acquisition Computer Network (in this section22

referred to as ‘FACNET’)’’; and23

(ii) by striking out the last sentence;24

(B) in subsection (b)—25

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(i) by striking out ‘‘ADDITIONAL FACNET1

FUNCTIONS.—’’ and all that follows through2

‘‘(41 U.S.C. 426(b)), the FACNET architec-3

ture’’ and inserting in lieu thereof ‘‘FUNC-4

TIONS.—(1) The system for providing on-line5

computer access’’; and6

(ii) in paragraph (2), by striking out ‘‘The7

FACNET architecture’’ and inserting in lieu8

there for ‘‘The system for providing on-line9

computer access’’;10

(C) in subsection (c)(1), by striking out ‘‘the11

FACNET architecture’’ and inserting in lieu thereof12

‘‘the system for providing on-line computer access’’;13

and14

(D) by striking out subsection (d).15

(3)(A) Section 2302c of title 10, United States Code,16


‘‘§ 2302c. Implementation of electronic commerce ca-18

pability19

‘‘(a) IMPLEMENTATION OF ELECTRONIC COMMERCE20

CAPABILITY.—(1) The head of each agency named in21

paragraphs (1), (5) and (6) shall implement the electronic22

commerce capability required by section 30 of the Office23

of Federal Procurement Policy Act (41 U.S.C. 426).24

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‘‘(2) The Secretary of Defense shall act through the1

Under Secretary of Defense for Acquisition and Tech-2

nology to implement the capability within the Department3

of Defense.4

‘‘(3) In implementing the electronic commerce capa-5

bility pursuant to paragraph (1), the head of an agency6

referred to in paragraph (1) shall consult with the Admin-7

istrator for Federal Procurement Policy.8

‘‘(b) DESIGNATION OF AGENCY OFFICIAL.—The9

head of each agency named in paragraph (5) or (6) of10

section 2303 of this title shall designate a program man-11

ager to implement the electronic commerce capability for12

that agency. The program manager shall report directly13

to an official at a level not lower than the senior procure-14

ment executive designated for the agency under section15

16(3) of the Office of Federal Procurement Policy Act (4116

U.S.C. 414(3)).’’.17

(B) Section 2304(g)(4) of such title 10 is amended18

by striking out ‘‘31(g)’’ and inserting in lieu thereof19

‘‘31(f)’’.20

(4)(A) Section 302C of the Federal Property and Ad-21

ministrative Services Act of 1949 (41 U.S.C. 252c) is22


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‘‘SEC. 302C. IMPLEMENTATION OF ELECTRONIC COM-1

MERCE CAPABILITY.2

‘‘(a) IMPLEMENTATION OF ELECTRONIC COMMERCE3

CAPABILITY.—(1) The head of each executive agency shall4

implement the electronic commerce capability required by5

section 30 of the Office of Federal Procurement Policy6

Act (41 U.S.C. 426).7

‘‘(2) In implementing the electronic commerce capa-8

bility pursuant to paragraph (1), the head of an executive9

agency shall consult with the Administrator for Federal10

Procurement Policy.11

‘‘(b) DESIGNATION OF AGENCY OFFICIAL.—The12

head of each executive agency shall designate a program13

manager to implement the electronic commerce capability14

for that agency. The program manager shall report di-15

rectly to an official at a level not lower than the senior16

procurement executive designated for the executive agency17

under section 16(3) of the Office of Federal Procurement18

Policy Act (41 U.S.C. 414(3)).’’.19

(B) Section 303(g)(5) of the Federal Property and20

Administrative Services Act (41 U.S.C. 253(g)(5)) is21

amended by striking out ‘‘31(g)’’ and inserting in lieu22

thereof ‘‘31(f)’’.23

(h) EFFECTIVE DATE.—(1) Except as provided in24

paragraph (2), the amendments made by this section shall25

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take effect 180 days after the date of the enactment of1

this Act.2

(2) The repeal made by subsection (c) of this section3

shall take effect on the date of the enactment of this Act.4

SEC. 845. CONFORMANCE OF POLICY ON PERFORMANCE5

BASED MANAGEMENT OF CIVILIAN ACQUISI-6

TION PROGRAMS WITH POLICY ESTABLISHED7

FOR DEFENSE ACQUISITION PROGRAMS.8

(a) PERFORMANCE GOALS.—Section 313(a) of the9

Federal Property and Administrative Services Act of 194910

(41 U.S.C. 263(a)) is amended to read as follows:11

‘‘(a) CONGRESSIONAL POLICY.—It is the policy of12

Congress that the head of each executive agency should13

achieve, on average, 90 percent of the cost, performance,14

and schedule goals established for major acquisition pro-15

grams of the agency.’’.16

(b) CONFORMING AMENDMENT TO REPORTING RE-17

QUIREMENT.—Section 6(k) of the Office of Federal Pro-18

curement Policy Act (41 U.S.C. 405(k)) is amended by19

inserting ‘‘regarding major acquisitions that is’’ in the20

first sentence after ‘‘policy’’.21

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SEC. 846. MODIFICATION OF PROCESS REQUIREMENTS FOR1

THE SOLUTIONS-BASED CONTACTING PILOT2

PROGRAM.3

(a) SOURCE SELECTION.—Paragraph (9) of section4

5312(c) of the Clinger-Cohen Act of 1996 (divisions D and5

E of Public Law 104–106; 40 U.S.C. 1492(c)) is6

amended—7

(1) in subparagraph (A), by striking out ‘‘, and8

ranking of alternative sources,’’ and inserting in lieu9

thereof ‘‘or sources,’’;10

(2) in subparagraph (B)—11

(A) in the matter preceding clause (i), by12

inserting ‘‘(or a longer period, if approved by13

the Administrator)’’ after ‘‘30 to 60 days’’;14

(B) in clause (i), by inserting ‘‘or sources’’15

after ‘‘source’’; and16

(C) in clause (ii), by striking out ‘‘that17

source’’ and inserting in lieu thereof ‘‘the18

source whose offer is determined to be most ad-19

vantageous to the Government’’; and20

(3) in subparagraph (C), by striking out ‘‘with21

alternative sources (in the order ranked)’’.22

(b) TIME MANAGEMENT DISCIPLINE.—Paragraph23

(12) of such section is amended by inserting before the24

period at the end the following: ‘‘, except that the Admin-25

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istrator may approve the application of a longer standard1

period’’.2

SEC. 847. TWO-YEAR EXTENSION OF APPLICABILITY OF3

FULFILLMENT STANDARDS FOR DEFENSE AC-4

QUISITION WORKFORCE TRAINING REQUIRE-5

MENTS.6

Section 812(c)(2) of the National Defense Authoriza-7


Stat. 2451; 10 U.S.C. 1723 note) is amended by striking9

out ‘‘October 1, 1997’’ and inserting in lieu thereof ‘‘Octo-10

ber 1, 1999’’.11

SEC. 848. DEPARTMENT OF DEFENSE AND FEDERAL PRIS-12

ON INDUSTRIES JOINT STUDY.13

(a) STUDY OF EXISTING PROCUREMENT PROCE-14

DURES.—The Department of Defense and Federal Prison15

Industries shall conduct jointly a study of existing pro-16

curement procedures, regulations, and statutes which now17

govern procurement transactions between the Department18

of Defense and Federal Prison Industries.19

(b) FINDINGS.—A report describing the findings of20

the study and containing recommendations on the means21

to improve the efficiency and reduce the cost of such22

transactions shall be submitted to the United States Sen-23

ate Committees on Armed Services and the Judiciary no24

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later than 180 days after the date of enactment of this1

Act.2

TITLE IX—DEPARTMENT OF DE-3

FENSE ORGANIZATION AND4

MANAGEMENT5

SEC. 901. PRINCIPAL DUTY OF ASSISTANT SECRETARY OF6

DEFENSE FOR SPECIAL OPERATIONS AND7

LOW INTENSITY CONFLICT.8

Section 138(b)(4) of title 10, United States Code, is9

amended by striking out ‘‘of special operations activities10

(as defined in section 167(j) of this title) and’’ and insert-11

ing in lieu thereof ‘‘of the performance of the responsibil-12

ities of the commander of the special operations command13

under subsections (e)(4) and (f) of section 167 of this title14

and of’’.15

SEC. 902. PROFESSIONAL MILITARY EDUCATION SCHOOLS.16

(a) COMPONENT INSTITUTIONS OF THE NATIONAL17

DEFENSE UNIVERSITY.—(1) Chapter 108 of title 10,18


following:20

‘‘§ 2165. National Defense University21

‘‘(a) IN GENERAL.—There is a National Defense22

University in the Department of Defense.23

‘‘(b) COMPONENT INSTITUTIONS.—The university in-24

cludes the following institutions:25

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‘‘(1) The National War College.1

‘‘(2) The Industrial College of the Armed2

Forces.3

‘‘(3) The Armed Forces Staff College.4

‘‘(4) The Institute for National Strategic Stud-5

ies.6

‘‘(5) The Information Resources Management7

College.’’.8



‘‘2165. National Defense University.’’.

(b) MARINE CORPS UNIVERSITY AS PROFESSIONAL11

MILITARY EDUCATION SCHOOL.—Subsection (d) of sec-12

tion 2162 of such title is amended to read as follows:13

‘‘(d) PROFESSIONAL MILITARY EDUCATION14

SCHOOLS.—This section applies to the following profes-15

sional military education schools:16

‘‘(1) The National Defense University.17

‘‘(2) The Army War College.18

‘‘(3) The College of Naval Warfare.19

‘‘(4) The Air War College.20

‘‘(5) The United States Army Command and21

General Staff College.22

‘‘(6) The College of Naval Command and Staff.23

‘‘(7) The Air Command and Staff College.24

‘‘(8) The Marine Corps University.’’.25

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(c) REPEAL OF DUPLICATIVE DEFINITION.—Section1

1595(d) of title 10, United States Code, is amended—2

(1) in paragraph (1), by striking out ‘‘(1)’’; and3

(2) by striking out paragraph (2).4

SEC. 903. USE OF CINC INITIATIVE FUND FOR FORCE PRO-5

TECTION.6

Section 166a(b) of title 10, United States Code, is7


‘‘(9) Force protection.’’.9

SEC. 904. TRANSFER OF TIARA PROGRAMS.10

(a) TRANSFER OF FUNCTIONS.—The Secretary of11

Defense shall transfer—12

(1) the responsibilities of the Tactical Intel-13

ligence and Related Activities (TIARA) aggregation14

for the conduct of programs referred to in sub-15

section (b) to officials of elements of the military de-16

partments not in the intelligence community; and17

(2) the funds available within the Tactical In-18

telligence and Related Activities aggregation for19

such programs to accounts of the military depart-20

ments that are available for non-intelligence pro-21

grams of the military departments.22

(b) COVERED PROGRAMS.—Subsection (a) applies to23

the following programs:24

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(1) Targeting or target acquisition programs,1

including the Joint Surveillance and Target Attack2

Radar System, and the Advanced Deployable Sys-3

tem.4

(2) Tactical Warning and Attack Assessment5

programs, including the Defense Support Program,6

the Space-Based Infrared Program, and early warn-7

ing radars.8

(3) Tactical communications systems, including9

the Joint Tactical Terminal.10

(c) INTELLIGENCE COMMUNITY DEFINED.—In this11

section, the term ‘‘intelligence community’’ has the mean-12

ing given the term in section 3 of the National Security13

Act of 1947 (50 U.S.C. 401a).14

SEC. 905. SENIOR REPRESENTATIVE OF THE NATIONAL15

GUARD BUREAU.16

(a) ESTABLISHMENT.—(1) Chapter 1011 of title 10,17


following:19

‘‘§ 10509. Senior Representative of the National20

Guard Bureau21

‘‘(a) APPOINTMENT.—There is a Senior Representa-22

tive of the National Guard Bureau who is appointed by23

the President, by and with the advice and consent of the24

Senate. Subject to subsection (b), the appointment shall25

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be made from officers of the Army National Guard of the1

United States or the Air National Guard of the United2

States who—3

‘‘(1) are recommended for such appointment by4

their respective Governors or, in the case of the Dis-5

trict of Columbia, the commanding general of the6

District of Columbia National Guard; and7

‘‘(2) meet the same eligibility requirements that8

are set forth for the Chief of the National Guard9

Bureau in paragraphs (2) and (3) of section10

10502(a) of this title.11

‘‘(b) ROTATION OF OFFICE.—An officer of the Army12

National Guard may be succeeded as Senior Representa-13

tive of the National Guard Bureau only by an officer of14

the Air National Guard, and an officer of the Air National15

Guard may be succeeded as Senior Representative of the16

National Guard Bureau only by an officer of the Army17

National Guard. An officer may not be reappointed to a18

consecutive term as Senior Representative of the National19

Guard Bureau.20

‘‘(c) TERM OF OFFICE.—An officer appointed as Sen-21

ior Representative of the National Guard Bureau serves22

at the pleasure of the President for a term of four years.23

An officer may not hold that office after becoming 6424

years of age. While holding the office, the Senior Rep-25

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resentative of the National Guard Bureau may not be re-1

moved from the reserve active-status list, or from an active2

status, under any provision of law that otherwise would3

require such removal due to completion of a specified num-4

ber of years of service or a specified number of years of5

service in grade.6

‘‘(d) GRADE.—The Senior Representative of the Na-7

tional Guard Bureau shall be appointed to serve in the8

grade of general.’’.9



‘‘10509. Senior Representative of the National Guard Bureau.’’.

(b) MEMBER OF JOINT CHIEFS OF STAFF.—Section12

151(a) of title 10, United States Code, is amended by add-13


‘‘(7) The Senior Representative of the National15

Guard Bureau.’’.16

(c) ADJUSTMENT OF RESPONSIBILITIES OF CHIEF17

OF THE NATIONAL GUARD BUREAU.—(1) Section 1050218

of title 10, United States Code, is amended by inserting19

‘‘, and to the Senior Representative of the National Guard20

Bureau,’’ after ‘‘Chief of Staff of the Air Force,’’.21

(2) Section 10504(a) of such title is amended in the22

second sentence by inserting ‘‘, and in consultation with23

the Senior Representative of the National Guard Bureau,’’24

after ‘‘Secretary of the Air Force’’.25

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this section shall take effect on January 1, 1998.2

SEC. 906. CENTER FOR HEMISPHERIC DEFENSE STUDIES.3

(a) INSTITUTION OF THE NATIONAL DEFENSE UNI-4

VERSITY.—Subsection (a) of section 2165 of title 10,5

United States Code, as added by section 902, is amended6


‘‘(6) The Center for Hemispheric Defense Stud-8

ies.’’.9

(b) CIVILIAN FACULTY MEMBERS.—Section 1595 of10



‘‘(g) APPLICATION TO DIRECTOR AND DEPUTY DI-13

RECTOR AT CENTER FOR HEMISPHERIC DEFENSE STUD-14

IES.—In the case of the Center for Hemispheric Defense15

Studies, this section also applies with respect to the Direc-16

tor and the Deputy Director.’’.17

TITLE X—GENERAL PROVISIONS18

Subtitle A—Financial Matters19

SEC. 1001. TRANSFER AUTHORITY.20

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—21

(1) Upon determination by the Secretary of Defense that22

such action is necessary in the national interest, the Sec-23

retary may transfer amounts of authorizations made avail-24

able to the Department of Defense in this division for fis-25

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cal year 1998 between any such authorizations for that1

fiscal year (or any subdivisions thereof). Amounts of au-2

thorizations so transferred shall be merged with and be3

available for the same purposes as the authorization to4

which transferred.5

(2) The total amount of authorizations that the Sec-6

retary of Defense may transfer under the authority of this7

section may not exceed $2,500,000,000.8

(b) LIMITATIONS.—The authority provided by this9

section to transfer authorizations—10

(1) may only be used to provide authority for11

items that have a higher priority than the items12

from which authority is transferred; and13

(2) may not be used to provide authority for an14

item that has been denied authorization by Con-15

gress.16

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A17

transfer made from one account to another under the au-18

thority of this section shall be deemed to increase the19

amount authorized for the account to which the amount20

is transferred by an amount equal to the amount trans-21

ferred.22

(d) NOTICE TO CONGRESS.—The Secretary shall23

promptly notify Congress of each transfer made under24

subsection (a).25

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SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UN-1

AUTHORIZED FISCAL YEAR 1997 DEFENSE AP-2

PROPRIATIONS.3

(a) AUTHORITY.—The amounts described in sub-4

section (b) may be obligated and expended for programs,5

projects, and activities of the Department of Defense in6

accordance with fiscal year 1997 defense appropriations.7

(b) COVERED AMOUNTS.—The amounts referred to8

in subsection (a) are the amounts provided for programs,9

projects, and activities of the Department of Defense in10

fiscal year 1997 defense appropriations that are in excess11

of the amounts provided for such programs, projects, and12

activities in fiscal year 1997 defense authorizations.13

(c) DEFINITIONS.—For the purposes of this section:14

(1) FISCAL YEAR 1997 DEFENSE APPROPRIA-15

TIONS.—The term ‘‘fiscal year 1997 defense appro-16

priations’’ means amounts appropriated or otherwise17

made available to the Department of Defense for fis-18

cal year 1997 in the Department of Defense Appro-19

priations Act, 1997 (section 101(b) of Public Law20

104–208).21

(2) FISCAL YEAR 1997 DEFENSE AUTHORIZA-22

TIONS.—The term ‘‘fiscal year 1997 defense author-23

izations’’ means amounts authorized to be appro-24

priated for the Department of Defense for fiscal25

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year 1997 in the National Defense Authorization1

Act for Fiscal Year 1997 (Public Law 104–201).2

SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUP-3

PLEMENTAL APPROPRIATIONS FOR FISCAL4

YEAR 1997.5

Amounts authorized to be appropriated to the De-6

partment of Defense for fiscal year 1997 in the National7

Defense Authorization Act for Fiscal Year 1997 (Public8

Law 104–201) are hereby adjusted, with respect to any9

such authorized amount, by the amount by which appro-10

priations pursuant to such authorization were increased11

(by a supplemental appropriation) or decreased (by a re-12

scission), or both, in the 1997 Emergency Supplemental13

Appropriations Act for Recovery from Natural Disasters,14

and for Overseas Peacekeeping Efforts, Including Those15

in Bosnia (Public Law 105–18).16

SEC. 1004. INCREASED TRANSFER AUTHORITY FOR FISCAL17

YEAR 1996 AUTHORIZATIONS.18

Section 1001(a) of the National Defense Authoriza-19


Stat. 414) is amended by striking out ‘‘$2,000,000,000’’21

and inserting in lieu thereof ‘‘$3,100,000,000’’.22

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SEC. 1005. BIENNIAL FINANCIAL MANAGEMENT STRATEGIC1

PLAN.2

(a) BIENNIAL PLAN.—(1) Chapter 23 of title 10,3


following:5

‘‘§ 483. Biennial financial management strategic plan6

‘‘(a) PLAN REQUIRED.—Not later than September7

30 of each even-numbered year, the Secretary of Defense8

shall submit to Congress a strategic plan to improve the9

financial management within the Department of Defense.10

The strategic plan shall address all aspects of financial11

management within the Department of Defense, including12

the finance systems, accounting systems, and feeder sys-13

tems that support financial functions.14

‘‘(b) DEFINITIONS.—In this section, the term ‘feeder15

system’ means an automated or manual system that pro-16

vides input to a financial management or accounting sys-17

tem.’’.18



‘‘483. Biennial financial management strategic plan.’’.

(b) FIRST SUBMISSION.—The Secretary of Defense21

shall submit the first financial management strategic plan22

under section 483 of title 10, United States Code (as23

added by subsection (a)), not later than September 30,24

1998.25

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(c) CONTENT OF FIRST PLAN.—(1) At a minimum,1

the first financial management strategic plan shall include2

the following:3

(A) The costs and benefits of integrating the fi-4

nance and accounting systems of the Department of5

Defense, and the feasibility of doing so.6

(B) Problems with the accuracy of data in-7

cluded in the finance systems, accounting systems,8

or feeder systems that support financial functions of9

the Department of Defense and the actions that can10

be taken to address the problems.11

(C) Weaknesses in the internal controls of the12

systems and the actions that can be taken to ad-13

dress the weaknesses.14

(D) Actions that can be taken to eliminate neg-15

ative unliquidated obligations, unmatched disburse-16

ments, and in-transit disbursements, and to avoid17

such disbursements in the future.18

(E) The status of the efforts being undertaken19

in the department to consolidate and eliminate—20

(i) redundant or unneeded finance systems;21

and22

(ii) redundant or unneeded accounting sys-23

tems.24

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(F) The consolidation or elimination of redun-1

dant personnel systems, acquisition systems, asset2

accounting systems, time and attendance systems,3

and other feeder systems of the department.4

(G) The integration of the feeder systems of the5

department with the finance and accounting systems6

of the department.7

(H) Problems with the organization or perform-8

ance of the Operating Locations and Service Centers9

of the Defense Finance and Accounting Service, and10

the actions that can be taken to address those prob-11

lems.12

(I) The costs and benefits of reorganizing the13

Operating Locations and Service Centers of the De-14

fense Finance and Accounting Service according to15

function, and the feasibility of doing so.16

(J) The costs and benefits of contracting for17

private sector performance of specific functions per-18

formed by the Defense Finance and Accounting19

Service, and the feasibility of doing so.20

(K) The costs and benefits of increasing the use21

of electronic fund transfer as a method of payment,22

and the feasibility of doing so.23

(L) Actions that can be taken to ensure that24

each comptroller position and each comparable posi-25

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tion in the Department of Defense, whether filled by1

a member of the Armed Forces or a civilian em-2

ployee, is filled by a person who, by reason of edu-3

cation, technical competence, and experience, has the4

core competencies for financial management.5

(M) Any other changes in the financial manage-6

ment structure of the department or revisions of the7

department’s financial processes and business prac-8

tices that the Secretary of Defense considers nec-9

essary to improve financial management in the de-10

partment.11

(2) For the problems and actions identified in the12

plan, the Secretary shall include in the plan statements13

of objectives, performance measures, and schedules, and14

shall specify the individual and organizational responsibil-15

ities.16

(3) In this subsection, the term ‘‘feeder system’’ has17

the meaning given the term in section 483(b) of title 10,18

United States Code, as added by subsection (a).19

SEC. 1006. REVISION OF AUTHORITY FOR FISHER HOUSE20

TRUST FUNDS.21

(a) CORRECTION TO ELIMINATE USE OF TERM AS-22

SOCIATED WITH FUNDING AUTHORITIES.—Section23

2221(c) of title 10, United States Code, is amended by24

striking out ‘‘or maintenance’’ each place it appears.25

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(b) CORPUS OF AIR FORCE TRUST FUND.—Section1

914(b) of Public Law 104–106 (110 Stat. 412) is amend-2

ed by striking out paragraph (2) and inserting in lieu3

thereof the following:4

‘‘(2) The Secretary of the Air Force shall deposit in5

the Fisher House Trust Fund, Department of the Air6

Force, an amount that the Secretary determines appro-7

priate to establish the corpus of the fund.’’.8

SEC. 1007. AVAILABILITY OF CERTAIN FISCAL YEAR 19919

FUNDS FOR PAYMENT OF CONTRACT CLAIM.10

(a) AUTHORITY.—The Secretary of the Army may re-11

imburse the fund provided by section 1304 of title 31,12

United States Code, out of funds appropriated for the13

Army for fiscal year 1991 for other procurement (BLIN14

105125 (Special Programs)), for any judgment against15

the United States that is rendered in the case Appeal of16

McDonnell Douglas Company, Armed Services Board of17

Contract Appeals Number 48029.18

(b) CONDITIONS FOR PAYMENT.—(1) Subject to19

paragraph (2), any reimbursement out of funds referred20

to in subsection (a) shall be made before October 1, 1998.21

(2) No reimbursement out of funds referred to in22

subsection (a) may be made before the date that is 3023

days after the date on which the Secretary of the Army24

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submits to the congressional defense committees a notifi-1

cation of the intent to make the reimbursement.2

SEC. 1008. ESTIMATES AND REQUESTS FOR PROCUREMENT3

AND MILITARY CONSTRUCTION FOR THE RE-4

SERVE COMPONENTS.5

(a) DETAILED PRESENTATION IN FUTURE-YEARS6

DEFENSE PROGRAM.—Section 10543 of title 10, United7


(1) by inserting ‘‘(a) IN GENERAL.—’’ before9

‘‘The Secretary of Defense’’; and10


‘‘(b) ASSOCIATED ANNEXES.—The associated an-12

nexes of the future-years defense program shall specify,13

at the same level of detail as is set forth in the annexes14

for the active components, the amount requested for—15

‘‘(1) procurement of each item of equipment to16

be procured for each reserve component; and17

‘‘(2) each military construction project to be18

carried out for each reserve component, together19

with the location of the project.20

‘‘(c) REPORT.—(1) If the aggregate of the amounts21

specified in paragraphs (1) and (2) of subsection (b) for22

a fiscal year is less than the amount equal to 90 percent23

of the average authorized amount applicable for that fiscal24

year under paragraph (2), the Secretary of Defense shall25

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submit to Congress a report specifying for each reserve1

component the additional items of equipment that would2

be procured, and the additional military construction3

projects that would be carried out, if that aggregate4

amount were an amount equal to such average authorized5

amount. The report shall be at the same level of detail6

as is required by subsection (b).7

‘‘(2) In this subsection, the term ‘average authorized8

amount’, with respect to a fiscal year, means the average9

of—10

‘‘(A) the aggregate of the amounts authorized11

to be appropriated for the preceding fiscal year for12

the procurement of items of equipment, and for mili-13

tary construction, for the reserve components; and14

‘‘(B) the aggregate of the amounts authorized15

to be appropriated for the fiscal year preceding the16

fiscal year referred to in subparagraph (A) for the17

procurement of items of equipment, and for military18

construction, for the reserve components.’’.19

(b) PROHIBITION.—The level of detail provided for20

procurement and military construction in the future-years21

defense programs for fiscal years after fiscal year 199822

may not be less than the level of detail provided for pro-23

curement and military construction in the future-years de-24

fense program for fiscal year 1998.25

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SEC. 1009. COOPERATIVE THREAT REDUCTION PROGRAMS1

AND RELATED DEPARTMENT OF ENERGY2

PROGRAMS.3

(a) DECREASE IN AUTHORIZATION OF APPROPRIA-4

TIONS FOR ENVIRONMENTAL MANAGEMENT SCIENCE5

PROGRAM.—Notwithstanding any other provision of this6

Act, the amount authorized to be appropriated by section7

3102(f) is hereby decreased by $40,000,000.8

(b) DECREASE IN AUTHORIZATION OF APPROPRIA-9

TIONS FOR ENVIRONMENT, SAFETY AND HEALTH, DE-10

FENSE.—Notwithstanding any other provision of this Act,11

the amount authorized to be appropriated by section12

3103(6) is hereby decreased by $19,000,000.13

(c) DECREASE IN AUTHORIZATION OF APPROPRIA-14

TIONS FOR OTHER PROCUREMENT, NAVY.—Notwith-15

standing any other provision of this Act, the amount au-16

thorized to be appropriated by section 102(a)(5) is hereby17

decreased by $40,000,000.18

(d) DECREASE IN AUTHORIZATION OF APPROPRIA-19

TIONS FOR OPERATION AND MAINTENANCE, DEFENSE-20

WIDE.—Notwithstanding any other provision of law, the21

amount authorized to be appropriated by section 301(5)22

is hereby decreased by $20,000,000.23

(e) INCREASE IN AUTHORIZATION OF APPROPRIA-24

TIONS FOR FORMER SOVIET UNION THREAT REDUCTION25

PROGRAMS.—Notwithstanding any other provision of this26

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Act, the amount authorized to be appropriated by section1

301(22) is hereby increased by $60,000,000.2

(f) INCREASE IN AUTHORIZATION OF APPROPRIA-3

TIONS FOR DEPARTMENT OF ENERGY FOR OTHER DE-4

FENSE ACTIVITIES.—Notwithstanding any other provision5

of this Act, the total amount authorized to be appropriated6

by section 3103 is hereby increased by $56,000,000.7

(g) INCREASE IN AUTHORIZATION OF APPROPRIA-8

TIONS FOR DEPARTMENT OF ENERGY FOR ARMS CON-9

TROL.—Notwithstanding any other provision of this Act,10

the amount authorized to be appropriated by section11

3103(1)(B) is hereby increased by $25,000,000 (in addi-12

tion to any increase under subsection (e) that is allocated13

to the authorization of appropriations under such section14

3103(1)(B)).15

(h) AUTHORIZATION OF APPROPRIATIONS FOR DE-16

PARTMENT OF ENERGY FOR INTERNATIONAL NUCLEAR17

SAFETY PROGRAMS.—Funds are hereby authorized to be18

appropriated to the Department of Energy for fiscal year19

1998 for other defense activities in carrying out programs20

relating to international nuclear safety that are necessary21

for national security in the amount of $50,000,000.22

(i) TRAINING FOR UNITED STATES BORDER SECU-23

RITY.—Section 1421 of the National Defense Authoriza-24

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Stat. 2725; 50 U.S.C. 2331) is amended—2

(1) by striking out ‘‘and’’ at the end of para-3

graph (2);4

(2) by striking out the period at the end of5

paragraph (3) and inserting in lieu thereof ‘‘; and’’;6

and7


‘‘(4) training programs and assistance relating9

to the use of such equipment, materials, and tech-10

nology and for the development of programs relating11

to such use.’’.12

(j) INTERNATIONAL BORDER SECURITY THROUGH13

FISCAL YEAR 1999.—Section 1424(b) of the National De-14

fense Authorization Act for Fiscal Year 1997 (110 Stat.15

2726; 10 U.S.C. 2333(b)) is amended by adding at the16

end the following: ‘‘Amounts available under the proceed-17

ing sentence shall be available until September 30, 1999.’’.18

(j) AUTHORITY TO VARY AMOUNTS AVAILABLE FOR19

COOPERATIVE THREAT REDUCTION PROGRAMS.—(1)20

Section 1502(b) of the National Defense Authorization21

Act for Fiscal Year 1997 (110 Stat. 2732) is amended—22

(A) in the subsection heading, by striking out23

‘‘LIMITED’’; and24

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(B) in the first sentence of paragraph (1), by1

striking out ‘‘, but not in excess of 115 percent of2

that amount’’.3

(2) Section 1202(b) of the National Defense Author-4


110 Stat. 469) is amended—6

(A) in the subsection heading, by striking out7

‘‘LIMITED’’; and8

(B) in the first sentence of paragraph (1), by9

striking out ‘‘, but not in excess of 115 percent of10

that amount’’.11

Subtitle B—Naval Vessels and12

Shipyards13

SEC. 1011. LONG-TERM CHARTER OF VESSEL FOR SURVEIL-14

LANCE TOWED ARRAY SENSOR PROGRAM.15

The Secretary of the Navy is authorized to enter into16

a long-term charter, in accordance with section 2401 of17

title 10, United States Code, for a vessel to support the18

Surveillance Towed Array Sensor (SURTASS) Program19

through fiscal year 2004.20

SEC. 1012. PROCEDURES FOR SALE OF VESSELS STRICKEN21

FROM THE NAVAL VESSEL REGISTER.22

Section 7305(c) of title 10, United States Code, is23


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‘‘(c) PROCEDURES FOR SALE.—(1) A vessel stricken1

from the Naval Vessel Register and not subject to disposal2

under any other law may be sold under this section.3

‘‘(2) In such a case, the Secretary may—4

‘‘(A) sell the vessel to the highest acceptable5

bidder, regardless of the appraised value of the ves-6

sel, after publicly advertising the sale of the vessel7

for a period of not less than 30 days; or8

‘‘(B) subject to paragraph (3), sell the vessel by9

competitive negotiation to the acceptable offeror who10

submits the offer that is most advantageous to the11

United States (taking into account price and such12

other factors as the Secretary determines appro-13

priate).14

‘‘(3) Before entering into negotiations to sell a vessel15

under paragraph (2)(B), the Secretary shall publish notice16

of the intention to do so in the Commerce Business Daily17

sufficiently in advance of initiating the negotiations that18

all interested parties are given a reasonable opportunity19

to prepare and submit proposals. The Secretary shall af-20

ford an opportunity to participate in the negotiations to21

all acceptable offerors submitting proposals that the Sec-22

retary considers as having the potential to be the most23

advantageous to the United States (taking into account24

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price and such other factors as the Secretary determines1

appropriate).’’.2

SEC. 1013. TRANSFERS OF NAVAL VESSELS TO CERTAIN3

FOREIGN COUNTRIES.4

(a) TRANSFERS BY SALE.—The Secretary of the5

Navy is authorized to transfer vessels to foreign countries6

on a sale basis under section 21 of the Arms Export Con-7

trol Act (22 U.S.C. 2761) as follows:8

(1) To the Government of Brazil, the sub-9

marine tender Holland (AS 32) of the Hunley class.10

(2) To the Government of Chile, the oiler Isher-11

wood (T–AO 191) of the Kaiser class.12

(3) To the Government of Egypt:13

(A) The following frigates of the Knox14

class:15

(i) The Paul (FF 1080).16

(ii) The Miller (FF 1091).17

(iii) The Jesse L. Brown (FFT 1089).18

(iv) The Moinester (FFT 1097).19

(B) The following frigates of the Oliver20

Hazard Perry class:21

(i) The Fahrion (FFG 22).22

(ii) The Lewis B. Puller (FFG 23).23

(4) To the Government of Israel, the tank land-24

ing ship Peoria (LST 1183) of the Newport class.25

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(5) To the Government of Malaysia, the tank1

landing ship Barbour County (LST 1195) of the2

Newport class.3

(6) To the Government of Mexico, the frigate4

Roark (FF 1053) of the Knox class.5

(7) To the Taipei Economic and Cultural Rep-6

resentative Office in the United States (the Taiwan7

instrumentality that is designated pursuant to sec-8

tion 10(a) of the Taiwan Relations Act), the follow-9

ing frigates of the Knox class:10

(A) The Whipple (FF 1062).11

(B) The Downes (FF 1070).12

(8) To the Government of Thailand, the tank13

landing ship Schenectady (LST 1185) of the New-14

port class.15

(b) COSTS OF TRANSFERS.—Any expense incurred by16

the United States in connection with a transfer authorized17

by subsection (a) shall be charged to the recipient.18

(c) REPAIR AND REFURBISHMENT IN UNITED19

STATES SHIPYARDS.—To the maximum extent prac-20

ticable, the Secretary of the Navy shall require, as a condi-21

tion of the transfer of a vessel under this section, that22

the country to which the vessel is transferred have such23

repair or refurbishment of the vessel as is needed, before24

the vessel joins the naval forces of that country, performed25

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at a shipyard located in the United States, including a1

United States Navy shipyard.2

(d) EXPIRATION OF AUTHORITY.—The authority to3

transfer a vessel under subsection (a) shall expire at the4

end of the 2-year period beginning on the date of the en-5

actment of this Act.6

Subtitle C—Counter-Drug7

Activities8

SEC. 1021. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT9

FOR COUNTER-DRUG ACTIVITIES OF MEXICO.10

(a) EXTENSION OF AUTHORITY.—Subsection (a) of11

section 1031 of the National Defense Authorization Act12

for Fiscal Year 1997 (Public Law 104–201; 110 Stat.13

2637), is amended by striking out ‘‘fiscal year 1997’’ and14

inserting in lieu thereof ‘‘fiscal years 1997 and 1998’’.15

(b) EXTENSION OF FUNDING AUTHORIZATION.—16

Subsection (d) of such section is amended by inserting17

‘‘for fiscal years 1997 and 1998’’ after ‘‘shall be avail-18

able’’.19

(c) CONCURRENCE OF SECRETARY OF STATE RE-20

QUIRED.—Subsection (a) of such section, as amended by21

subsection (a), is further amended by inserting ‘‘, with the22

concurrence of the Secretary of State,’’ after ‘‘Secretary23

of Defense may’’.24

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SEC. 1022. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT1

FOR COUNTER-DRUG ACTIVITIES OF PERU2

AND COLOMBIA.3

(a) AUTHORITY TO PROVIDE ADDITIONAL SUP-4

PORT.—Subject to subsection (f), during fiscal years 19985

through 2002, the Secretary of Defense may, with the con-6

currence of the Secretary of State, provide either or both7

of the governments named in subsection (b) with the sup-8

port described in subsection (c) for the counter-drug ac-9

tivities of that government. The support provided to a gov-10

ernment under the authority of this subsection shall be11

in addition to support provided to that government under12

any other provision of law.13

(b) GOVERNMENTS ELIGIBLE TO RECEIVE SUP-14

PORT.—The governments referred to in subsection (a) are15

as follows:16

(1) The Government of Peru.17

(2) The Government of Colombia.18

(c) TYPES OF SUPPORT.—The authority under sub-19

section (a) is limited to the provision of the following types20

of support:21

(1) The transfer of nonlethal protective and22

utility personnel equipment.23

(2) The transfer of the following nonlethal spe-24

cialized equipment:25

(A) Navigation equipment.26

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(B) Secure and nonsecure communications1

equipment.2

(C) Photo equipment.3

(D) Radar equipment.4

(E) Night vision systems.5

(F) Repair equipment and parts for equip-6

ment referred to in subparagraphs (A), (B),7

(C), (D), and (E).8

(3) The transfer of nonlethal components, ac-9

cessories, attachments, parts (including ground sup-10

port equipment), firmware, and software for aircraft11

or patrol boats, and related repair equipment.12

(4) The transfer of riverine patrol boats.13

(5) The maintenance and repair of equipment14

of a government named in subsection (b) that is15

used for counter-narcotics activities.16

(d) APPLICABILITY OF OTHER SUPPORT AUTHORI-17

TIES.—Except as otherwise provided in this section, the18

provisions of section 1004 of the National Defense Au-19

thorization Act for Fiscal Year 1991 (Public Law 101–20

510; 10 U.S.C. 374 note) shall apply to the provision of21

support to a government under this section.22

(e) FUNDING.—Of the amounts authorized to be ap-23

propriated for drug interdiction and counter-drug activi-24

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ties, not more than $30,000,000 shall be available in that1

fiscal year for the provision of support under this section.2

(f) LIMITATIONS.—(1) The Secretary may not obli-3

gate or expend funds to provide a government with sup-4

port under this section until 15 days after the date on5

which the Secretary submits to the committees referred6

to in paragraph (3) a written certification of the following:7

(A) That the provision of support to that gov-8

ernment under this section will not adversely affect9

the military preparedness of the United States10

Armed Forces.11

(B) That the equipment and materiel provided12

as support will be used only by officials and employ-13

ees of that government who have undergone back-14

ground investigations by that government and have15

been approved by that government to perform16

counter-drug activities on the basis of the back-17

ground investigations.18

(C) That such government has certified to the19

Secretary that—20

(i) the equipment and material provided as21

support will be used only by the officials and22

employees referred to in subparagraph (B);23

(ii) none of the equipment or materiel will24

be transferred (by sale, gift, or otherwise) to25

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any person or entity not authorized by the1

United States to receive the equipment or mate-2

riel; and3

(iii) the equipment and materiel will be4

used only for the purposes intended by the5

United States Government.6

(D) That the government to receive the support7

has implemented, to the satisfaction of the Sec-8

retary, a system that will provide an accounting and9

inventory of the equipment and materiel provided as10

support.11

(E) That the departments, agencies, and instru-12

mentalities of that government will grant United13

States Government personnel access to any of the14

equipment or materiel provided as support, or to any15

of the records relating to such equipment or mate-16

riel, under terms and conditions similar to the terms17

and conditions imposed with respect to such access18

under section 505(a)(3) of the Foreign Assistance19

Act of 1961 (22 U.S.C. 2314(a)(3)).20

(F) That the government to receive the support21

will provide security with respect to the equipment22

and materiel provided as support that is substan-23

tially the same degree of security that the United24

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States Government would provide with respect to1

such equipment and materiel.2

(G) That the government to receive the support3

will permit continuous observation and review by4

United States Government personnel of the use of5

the equipment and materiel provided as support6

under terms and conditions similar to the terms and7

conditions imposed with respect to such observation8

and review under section 505(a)(3) of the Foreign9

Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).10

(2) The Secretary may not obligate or expend funds11

to provide a government with support under this section12

until the Secretary of Defense, together with the Secretary13

of State, has developed a riverine counter-drug plan (in-14

cluding the resources to be contributed by each such agen-15

cy, and the manner in which such resources will be uti-16

lized, under the plan) and submitted the plan to the com-17

mittees referred to in paragraph (3). The plan shall set18

forth a riverine counter-drug program that can be sus-19

tained by the supported governments within five years, a20

schedule for establishing the program, and a detailed dis-21

cussion of how the riverine counter-drug program supports22

national drug control strategy of the United States.23

(3) The committees referred to in this paragraph are24

the following:25

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(A) The Committee on Armed Services and the1

Committee on Foreign Relations of the Senate.2

(B) The Committee on National Security and3

the Committee on International Relations of the4

House of Representatives.5

Subtitle D—Reports and Studies6

SEC. 1031. REPEAL OF REPORTING REQUIREMENTS.7

(a) REPORTS REQUIRED BY TITLE 10.—8

(1) ACHIEVEMENT OF COST, PERFORMANCE,9

AND SCHEDULE GOALS FOR NONMAJOR ACQUISITION10

PROGRAMS.—Section 2220(b) of title 10, United11

States Code, is amended by striking out ‘‘and12

nonmajor’’ in the first sentence.13

(2) CONVERSION OF CERTAIN HEATING SYS-14

TEMS.—Section 2690(b) of title 10, United States15

Code, is amended by striking out ‘‘unless the Sec-16

retary—’’ and all that follows and inserting in lieu17

thereof the following: ‘‘unless the Secretary deter-18

mines that the conversion (1) is required by the gov-19

ernment of the country in which the facility is lo-20

cated, or (2) is cost effective over the life cycle of21

the facility.’’.22

(3) AVAILABILITY OF SUITABLE ALTERNATIVE23

HOUSING.—Section 2823 of title 10, United States24


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(A) by striking out subsection (b); and1

(B) by redesignating subsections (c) and2

(d) as subsections (b) and (c), respectively.3

(b) REPORTS REQUIRED BY DEFENSE AUTHORIZA-4

TION AND APPROPRIATIONS ACTS.—5

(1) OVERSEAS BASING COSTS.—Section 8125 of6

the Department of Defense Appropriations Act,7

1989 (Public Law 100–463; 102 Stat. 2270–41; 108

U.S.C. 113 note) is amended—9

(A) by striking out subsection (g); and10

(B) in subsection (h), by striking out ‘‘sub-11

sections (f) and (g)’’ and inserting in lieu there-12

of ‘‘subsection (f)’’.13

(2) STRETCHOUT OF MAJOR DEFENSE ACQUISI-14

TION PROGRAMS.—Section 117 of the National De-15

fense Authorization Act, Fiscal Year 1989 (Public16

Law 100–456; 102 Stat. 1933; 10 U.S.C. 243117

note) is repealed.18

(c) REPORTS REQUIRED BY OTHER LAW.—Section19

25 of the Office of Federal Procurement Policy Act (4120

U.S.C. 421) is amended by striking out subsection (g),21

relating to the annual report on development of procure-22

ment regulations.23

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SEC. 1032. COMMON MEASUREMENT OF OPERATIONS TEM-1

POS AND PERSONNEL TEMPOS.2

(a) MEANS FOR MEASUREMENT.—The Chairman of3

the Joint Chiefs of Staff shall, in consultation with the4

other members of the Joint Chiefs of Staff and to the5

maximum extent practicable, develop a common means of6

measuring the operations tempo (OPTEMPO) and the7

personnel tempo (PERSTEMPO) of each of the Armed8

Forces.9

(b) PERSTEMPO MEASUREMENT.—The measurement10

of personnel tempo shall include a means of identifying11

the rate of deployment for individuals in addition to the12

rate of deployment for units.13

SEC. 1033. REPORT ON OVERSEAS DEPLOYMENT.14

(a) REPORT.—Not later than 90 days after the date15

of the enactment of this Act, the Secretary of Defense16

shall submit to Congress a report on the deployment over-17

seas of personnel of the Armed Forces. The report shall18

describe the deployment as of June 30, 1996, and June19

30, 1997.20


shall set forth the following:22

(1) The number of personnel who were deployed23

overseas pursuant to a permanent duty assignment24

on each date specified in that subsection in aggre-25

gate and by country or ocean to which deployed.26

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(2) The number of personnel who were deployed1

overseas pursuant to a temporary duty assignment2

on each date, including—3

(A) the number engaged in training with4

units of a single military department;5

(B) the number engaged in United States6

military joint exercises; and7

(C) the number engaged in training with8

allied units.9

(3) The number of personnel deployed overseas10

on each date who were engaged in contingency oper-11

ations (including peacekeeping or humanitarian as-12

sistance missions) or other activities.13

SEC. 1034. REPORT ON MILITARY READINESS REQUIRE-14

MENTS OF THE ARMED FORCES.15

(a) REQUIREMENT FOR REPORT.—Not later than16

January 31, 1998, the Chairman of the Joint Chiefs of17

Staff shall submit to the congressional defense committees18

a report on the military readiness requirements of the ac-19

tive and reserve components of the Armed Forces (includ-20

ing combat units, combat support units, and combat serv-21

ice support units) prepared by the officers referred to in22

subsection (b). The report shall assess such requirements23

under a tiered readiness and response system that cat-24

egorizes a given unit according to the likelihood that it25

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will be required to respond to a military conflict and the1

time in which it will be required to respond.2

(b) PREPARATION BY JCS AND COMMANDERS OF3

UNIFIED COMMANDS.—The report required by subsection4

(a) shall be prepared jointly by the Chairman of the Joint5

Chiefs of Staff, the Chief of Staff of the Army, the Chief6

of Naval Operations, the Chief of Staff of the Air Force,7

the Commandant of the Marine Corps, the commander of8

the Special Operations Command, and the commanders of9

the other unified commands.10

(c) ASSESSMENT SCENARIO.—The report shall assess11

readiness requirements in a scenario that is based on the12

following assumptions:13

(1) That the Armed Forces of the United14

States must, be capable of—15

(A) fighting and winning, in concert with16

allies, two major theater wars nearly simulta-17

neously; and18

(B) deterring or defeating a strategic at-19

tack on the United States.20

(2) That the forces available for deployment are21

the forces included in the force structure rec-22

ommended in the Quadrennial Defense Review, in-23

cluding all other planned force enhancements.24

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(d) ASSESSMENT ELEMENTS.—(1) The report shall1

identify, by unit type, all major units of the active and2

reserve components of the Armed Forces and assess the3

readiness requirements of the units. Each identified unit4

shall be categorized within one of the following classifica-5

tions:6

(A) Forward-deployed and crisis response7

forces, or ‘‘Tier I’’ forces, that possess limited inter-8

nal sustainment capability and do not require imme-9

diate access to regional air bases or ports or over-10

flight rights, including the following:11

(i) Force units that are deployed in rota-12

tion at sea or on land outside the United13

States.14

(ii) Combat-ready crises response forces15

that are capable of mobilizing and deploying16

within 10 days after receipt of orders.17

(iii) Forces that are supported by18

prepositioning equipment afloat or are capable19

of being inserted into a theater upon the cap-20

ture of a port or airfield by forcible entry21

forces.22

(B) Combat-ready follow-on forces, or ‘‘Tier II’’23

forces, that can be mobilized and deployed to a thea-24

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ter within approximately 60 days after receipt of or-1

ders.2

(C) Combat-ready conflict resolution forces, or3

‘‘Tier III’’ forces, that can be mobilized and de-4

ployed to a theater within approximately 180 days5

after receipt of orders.6

(D) All other active and reserve component7

force units which are not categorized within a classi-8

fication described in subparagraph (A), (B), or (C).9

(2) For the purposes of paragraph (1), the following10

units are major units:11

(A) In the case of the Army or Marine Corps,12

a brigade and a battalion.13

(B) In the case of the Navy, a squadron of air-14

craft, a ship, and a squadron of ships.15

(C) In the case of the Air Force, a squadron of16

aircraft.17

(e) PROJECTION OF SAVINGS FOR USE FOR MOD-18

ERNIZATION.—The report shall include a projection for19

fiscal years 1998 through 2003 of the amounts of the sav-20

ings in operation and maintenance funding that—21

(1) could be derived by each of the Armed22

Forces by placing as many units as is practicable23

into the lower readiness categories among the tiers;24

and25

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(2) could be made available for force mod-1

ernization.2

(f) FORM OF REPORT.—The report under this section3

shall be submitted in unclassified form but may contain4

a classified annex.5

(g) PLANNED FORCE ENHANCEMENT DEFINED.—In6

this section, the term ‘‘planned force enhancement’’, with7

respect to the force structure recommended in the Quad-8

rennial Defense Review, means any future improvement9

in the capability of the force (including current strategic10

and future improvement in strategic lift capability) that11

is assumed in the development of the recommendation for12

the force structure set forth in the Quadrennial Defense13

Review.14

SEC. 1035. ASSESSMENT OF CYCLICAL READINESS POS-15

TURE OF THE ARMED FORCES.16

(a) REQUIREMENT.—(1) Not later than 120 days17

after the date of enactment of this Act, the Secretary of18

Defense shall submit to the Committee on Armed Services19

of the Senate and the Committee on National Security of20

the House of Representatives a report on the readiness21

posture of the Armed Forces described in subsection (b).22

(2) The Secretary shall prepare the report required23

under paragraph (1) with the assistance of the Joint24

Chiefs of Staff. In providing such assistance, the Chair-25

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man of the Joint Chiefs of Staff shall consult with the1

Chief of the National Guard Bureau.2

(b) READINESS POSTURE.—(1) The readiness pos-3

ture to be covered by the report under subsection (a) is4

a readiness posture for units of the Armed Forces, or for5

designated units of the Armed Forces, that provides for6

a rotation of such units between a state of high readiness7

and a state of low readiness.8

(2) As part of the evaluation of the readiness posture9

described in paragraph (1), the report shall address in10

particular a readiness posture that—11

(A) establishes within the Armed Forces two12

equivalent forces each structured so as to be capable13

of fighting and winning a major theater war; and14

(B) provides for an alternating rotation of such15

forces between a state of high readiness and a state16

of low readiness.17

(3) The evaluation of the readiness posture described18

in paragraph (2) shall be based upon assumptions permit-19

ting comparison with the existing force structure as fol-20

lows:21

(A) That there are assembled from among the22

units of the Armed Forces two equivalent forces23

each structured so as to be capable of fighting and24

winning a major theater war.25

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(B) That each force referred to in subpara-1

graph (A) includes—2

(i) four active Army divisions, including3

one mechanized division, one armored division,4

one light infantry division, and one division5

combining airborne units and air assault units,6

and appropriate support and service support7

units for such divisions;8

(ii) six divisions (or division equivalents) of9

the Army National Guard or the Army Reserve10

that are essentially equivalent in structure, and11

appropriate support and service support units12

for such divisions;13

(iii) six aircraft carrier battle groups;14

(iv) six active Air Force fighter wings (or15

fighter wing equivalents);16

(v) four Air Force reserve fighter wings (or17

fighter wing equivalents); and18

(vi) one active Marine Corps expeditionary19

force.20

(C) That each force may be supplemented by21

critical units or units in short supply, including22

heavy bomber units, strategic lift units, and aerial23

reconnaissance units, that are not subject to the24

readiness rotation otherwise assumed for purposes of25

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the evaluation or are subject to the rotation on a1

modified basis.2

(D) That units of the Armed Forces not as-3

signed to a force are available for operations other4

than those essential to fight and win a major theater5

war, including peace operations.6

(E) That the state of readiness of each force al-7

ternates between a state of high readiness and a8

state of low readiness on a frequency determined by9

the Secretary (but not more often than once every10

6 months) and with only one force at a given state11

of readiness at any one time.12

(F) That, during the period of state of high13

readiness of a force, any operations or activities (in-14

cluding leave and education and training of person-15

nel) that detract from the near-term wartime readi-16

ness of the force are temporary and their effects on17

such state of readiness minimized.18

(G) That units are assigned overseas during the19

period of state of high readiness of the force to20

which the units are assigned primarily on a tem-21

porary duty basis.22

(H) That, during the period of high readiness23

of a force, the operational war plans for the force in-24

corporate the divisions (or division equivalents) of25

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the Army Reserve or Army National Guard assigned1

to the force in a manner such that one such division2

(or division equivalent) is, on a rotating basis for3

such divisions (or division equivalents) during the4

period, maintained in a high state of readiness and5

dedicated as the first reserve combat division to be6

transferred overseas in the event of a major theater7

war.8

(c) REPORT ELEMENTS.—The report under this sec-9

tion shall include the following elements for the readiness10

posture described in subsection (b)(2):11

(1) An estimate of the range of cost savings12

achievable over the long term as a result of imple-13

menting the readiness posture, including—14

(A) the savings achievable from reduced15

training levels and readiness levels during peri-16

ods in which a force referred to in subsection17

(b)(3)(A) is in a state of low readiness; and18

(B) the savings achievable from reductions19

in costs of infrastructure overseas as a result of20

reduced permanent change of station rotations.21

(2) An assessment of the potential risks associ-22

ated with a lower readiness status for units assigned23

to a force in a state of low readiness under the read-24

iness posture, including the risks associated with the25

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delayed availability of such units overseas in the1

event of two nearly simultaneous major theater2

wars.3

(3) An assessment of the potential risks associ-4

ated with requiring the forces under the readiness5

posture to fight a major war in any theater world-6

wide.7

(4) An assessment of the modifications of the8

current force structure of the Armed Forces that are9

necessary to achieve the range of cost savings esti-10

mated under paragraph (1), including the extent of11

the diminishment, if any, of the military capabilities12

of the Armed Forces as a result of the modifications.13

(5) An assessment whether or not the risks of14

diminished military capability associated with imple-15

mentation of the readiness posture exceed the risks16

of diminished military capability associated with the17

modifications of the current force structure nec-18

essary to achieve cost savings equivalent to the best19

case for cost savings resulting from the implementa-20

tion of the readiness posture.21

(d) FORM OF REPORT.—The report under this sec-22

tion shall be submitted in unclassified form, but may con-23

tain a classified annex.24

(e) DEFINITIONS.—In this section:25

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(1) The term ‘‘state of high readiness’’, in the1

case of a military force, means the capability to mo-2

bilize first-to-arrive units of the force within 183

hours and last-to-arrive units within 120 days of a4

particular event.5

(2) The term ‘‘state of low readiness’’, in the6

case of a military force, means the capability to mo-7

bilize first-to-arrive units within 90 days and last-to-8

arrive units within 180 days of a particular event.9

SEC. 1036. OVERSEAS INFRASTRUCTURE REQUIREMENTS.10


ings:12

(1) United States military forces have been13

withdrawn from the Philippines.14

(2) United States military forces are to be with-15

drawn from Panama by 2000.16

(3) There continues to be local opposition to the17

continued presence of United States military forces18

in Okinawa.19

(4) The Quadrennial Defense Review lists ‘‘the20

loss of U.S. access to critical facilities and lines of21

communication in key regions’’ as one of the so-22

called ‘‘wild card’’ scenarios covered in the review.23

(5) The National Defense Panel states that24

‘‘U.S. forces’ long-term access to forward bases, to25

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include air bases, ports, and logistics facilities, can-1

not be assumed’’.2


gress that—4

(1) the President should develop alternatives to5

the current arrangement for forward basing of the6

Armed Forces outside the United States, including7

alternatives to the existing infrastructure for for-8

ward basing of forces and alternatives to the existing9

international agreements that provide for basing of10

United States forces in foreign countries; and11

(2) because the Pacific Rim continues to12

emerge as a region of significant economic and mili-13

tary importance to the United States, a continued14

presence of the Armed Forces in that region is vital15

to the capability of the United States to timely pro-16

tect its interests in the region.17

(c) REPORT REQUIRED.—Not later than March 31,18

1998, the Secretary of Defense shall submit to the Com-19


tee on National Security of the House of Representatives21

a report on the overseas infrastructure requirements of the22

Armed Forces.23

(d) CONTENT.—The report shall contain the follow-24

ing:25

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(1) The quantity and types of forces that the1

United States must station in each region of the2

world in order to support the current national mili-3

tary strategy of the United States.4

(2) The quantity and types of forces that the5

United States will need to station in each region of6

the world in order to meet the expected or potential7

future threats to the national security interests of8

the United States.9

(3) The requirements for access to, and use of,10

air space and ground maneuver areas in each such11

region for training for the quantity and types of12

forces identified for the region pursuant to para-13

graphs (1) and (2).14

(4) A list of the international agreements, cur-15

rently in force, that the United States has entered16

into with foreign countries regarding the basing of17

United States forces in those countries and the18

dates on which the agreements expire.19

(5) A discussion of any anticipated political op-20

position or other opposition to the renewal of any of21

those international agreements.22

(6) A discussion of future overseas basing re-23

quirements for United States forces, taking into ac-24

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count expected changes in national security strategy,1

national security environment, and weapons systems.2

(7) The expected costs of maintaining the over-3

seas infrastructure for foreign based forces of the4

United States, including the costs of constructing5

any new facilities that will be necessary overseas to6

meet emerging requirements relating to the national7

security interests of the United States.8

(e) FORM OF REPORT.—The report may be submit-9

ted in a classified or unclassified form.10

SEC. 1037. REPORT ON AIRCRAFT INVENTORY.11

(a) REQUIREMENT.—(1) Chapter 23 of title 10,12


following:14

‘‘§ 483. Report on aircraft inventory15

‘‘(a) ANNUAL REPORT.—The Under Secretary of De-16

fense (Comptroller) shall submit to the Committee on17

Armed Services of the Senate and the Committee on Na-18

tional Security of the House of Representatives each year19

a report on the aircraft in the inventory of the Department20

of Defense. The Under Secretary shall submit the report21

when the President submits the budget to Congress under22

section 1105(a) of title 31.23

‘‘(b) CONTENT.—The report shall set forth, in ac-24

cordance with subsection (c), the following information:25

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‘‘(1) The total number of aircraft in the inven-1

tory.2

‘‘(2) The total number of the aircraft in the in-3

ventory that are active, stated in the following cat-4

egories (with appropriate subcategories for mission5

aircraft, dedicated test aircraft, and other aircraft):6

‘‘(A) Primary aircraft.7

‘‘(B) Backup aircraft.8

‘‘(C) Attrition and reconstitution reserve9

aircraft.10

‘‘(3) The total number of the aircraft in the in-11

ventory that are inactive, stated in the following cat-12

egories:13

‘‘(A) Bailment aircraft.14

‘‘(B) Drone aircraft.15

‘‘(C) Aircraft for sale or other transfer to16

foreign governments.17

‘‘(D) Leased or loaned aircraft.18

‘‘(E) Aircraft for maintenance training.19

‘‘(F) Aircraft for reclamation.20

‘‘(G) Aircraft in storage.21

‘‘(4) The aircraft inventory requirements ap-22

proved by the Joint Chiefs of Staff.23

‘‘(c) DISPLAY OF INFORMATION.—The report shall24

specify the information required by subsection (b) sepa-25

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rately for the active component of each armed force and1

for each reserve component of each armed force and, with-2

in the information set forth for each such component, shall3

specify the information separately for each type, model,4

and series of aircraft provided for in the future-years de-5

fense program submitted to Congress.’’.6



‘‘483. Report on aircraft inventory.’’.

(b) FIRST REPORT.—The Under Secretary of De-9

fense (Comptroller) shall submit the first report under sec-10

tion 483 of title 10, United States Code (as added by sub-11

section (a)), not later than January 30, 1998.12

(c) MODIFICATION OF BUDGET DATA EXHIBITS.—13

The Under Secretary of Defense (Comptroller) shall en-14

sure that aircraft budget data exhibits of the Department15

of Defense that are submitted to Congress display total16

numbers of active aircraft where numbers of primary air-17

craft or primary authorized aircraft are displayed in those18

exhibits.19

SEC. 1038. DISPOSAL OF EXCESS MATERIALS.20

(a) REPORT.—Not later than January 31, 1998, the21

Secretary shall submit to Congress a report on the actions22

that have been taken or are planned to be taken within23

the Department of Defense to address problems with the24

sale or other disposal of excess materials.25

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(b) REQUIRED CONTENT.— At a minimum, the re-1

port shall address the following issues:2

(1) Whether any change is needed in the proc-3

ess of coding military equipment for demilitarization4

during the acquisition process.5

(2) Whether any change is needed to improve6

methods used for the demilitarization of specific7

types of military equipment.8

(3) Whether any change is needed in the pen-9

alties that are applicable to Federal Government em-10

ployees or contractor employees who fail to comply11

with rules or procedures applicable to the demili-12

tarization of excess materials.13

(4) Whether provision has been made for suffi-14

cient supervision and oversight of the demilitariza-15

tion of excess materials by purchasers of the mate-16

rials.17

(5) Whether any additional controls are needed18

to prevent the inappropriate transfer of excess mate-19

rials overseas.20

(6) Whether the Department should—21

(A) identify categories of materials that22

are particularly vulnerable to improper use; and23

(B) provide for enhanced review of the sale24

or other disposal of such materials.25

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(7) Whether legislation is necessary to establish1

appropriate mechanisms, including repurchase, for2

the recovery of equipment that is sold or otherwise3

disposed of without appropriate action having been4

taken to demilitarize the equipment or to provide for5

demilitarization of the equipment.6

SEC. 1039. REVIEW OF FORMER SPOUSE PROTECTIONS.7

(a) REQUIREMENT.—The Secretary of Defense shall8

carry out a comprehensive review and comparison of—9

(1) the protections and benefits afforded under10

Federal law to former spouses of members and11

former members of the uniformed services by reason12

of their status as former spouses of such personnel;13

and14

(2) the protections and benefits afforded under15

Federal law to former spouses of employees and16

former employees of the Federal Government by rea-17

son of their status as former spouses of such person-18

nel.19

(b) MATTERS TO BE REVIEWED.—The review under20

subsection (a) shall include the following:21

(1) In the case of former spouses of members22

and former members of the uniformed services, the23

following:24

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(A) All provisions of law (principally those1

originally enacted in the Uniformed Services2

Former Spouses’ Protection Act (title X of3

Public Law 97–252)) that—4

(i) establish, provide for the enforce-5

ment of, or otherwise protect interests of6

former spouses of members and former7

members of the uniformed services in re-8

tired or retainer pay of members and9

former members; and10

(ii) provide other benefits for former11

spouses of members and former members.12

(B) The experience of the uniformed serv-13

ices in administering such provisions of law.14

(C) The experience of former spouses and15

members and former members of the uniformed16

services in the administration of such provisions17

of law.18

(2) In the case of former spouses of employees19

and former employees of the Federal Government,20

the following:21

(A) All provisions of law that—22

(i) establish, provide for the enforce-23

ment of, or otherwise protect interests of24

former spouses of employees and former25

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employees of the Federal Government in1

annuities of employees and former employ-2

ees under Federal employees’ retirement3

systems; and4

(ii) provide other benefits for former5

spouses of employees and former employ-6

ees.7

(B) The experience of the Office of Person-8

nel Management and other agencies of the Fed-9

eral Government in administering such provi-10

sions of law.11

(C) The experience of former spouses and12

employees and former employees of the Federal13

Government in the administration of such pro-14

visions of law.15

(c) SAMPLING AUTHORIZED.—The Secretary may16

use sampling in carrying out the review under this section.17

(d) REPORT.—Not later than September 30, 1999,18

the Secretary shall submit a report on the results of the19

review and comparison to the Committee on Armed Serv-20

ices of the Senate and the Committee on National Security21

of the House of Representatives. The report shall include22

any recommendation for legislation that the Secretary con-23

siders appropriate.24

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SEC. 1040. ADDITIONAL MATTERS FOR ANNUAL REPORT ON1

ACTIVITIES OF THE GENERAL ACCOUNTING2

OFFICE.3

Section 719(b) of title 31, United States Code, is4


‘‘(3) The report under subsection (a) shall also in-6

clude a statement of the staff hours and estimated cost7

of work performed on audits, evaluations, investigations,8

and related work during each of the three fiscal years pre-9

ceding the fiscal year in which the report is submitted,10

stated separately for each division of the General Account-11

ing Office by category as follows:12

‘‘(A) A category for work requested by the13

chairman of a committee of Congress, the chairman14

of a subcommittee of such a committee, or any other15

member of Congress.16

‘‘(B) A category for work required by law to be17

performed by the Comptroller General.18

‘‘(C) A category for work initiated by the19

Comptroller General in the performance of the20

Comptroller General’s general responsibilities.’’.21

SEC. 1041. EYE SAFETY AT SMALL ARMS FIRING RANGES.22

(a) ACTIONS REQUIRED.—The Secretary of the De-23

fense shall—24

(1) conduct a study of eye safety at small arms25

firing ranges of the Armed Forces; and26

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(2) develop for the use of the Armed Forces a1

protocol for reporting eye injuries incurred in small2

arms firing activities at the ranges.3

(b) AGENCY TASKING.—The Secretary may delegate4

authority to carry out the responsibilities set forth in sub-5

section (a) to the United States Army Center for Health6

Promotion and Preventive Medicine or any other element7

of the Department of Defense that the Secretary considers8

well qualified to carry out those responsibilities.9

(c) CONTENT OF STUDY.—The study shall include10

the following:11

(1) An evaluation of the existing policies, proce-12

dures, and practices of the Armed Forces regarding13

medical surveillance of eye injuries resulting from14

weapons fire at the small arms ranges.15

(2) An examination of the existing policies, pro-16

cedures, and practices of the Armed Forces regard-17

ing reporting on vision safety issues resulting from18

weapons fire at the small arms ranges.19

(3) Determination of rates of eye injuries, and20

trends in eye injuries, resulting from weapons fire at21

the small arms ranges.22

(4) An evaluation of the costs and benefits of23

a requirement for use of eye protection devices by all24

personnel firing small arms at the ranges.25

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(d) REPORT.—The Secretary shall submit a report1

on the activities required under this section to the Com-2

mittees on Armed Services and on Veterans’ Affairs of the3

Senate and the Committees on National Security and on4

Veterans’ Affairs of the House of Representatives. The re-5

port shall include—6

(1) the findings resulting from the study re-7

quired under paragraph (1) of subsection (a); and8

(2) the protocol developed under paragraph (2)9

of such subsection.10

(e) SCHEDULE.—(1) The Secretary shall ensure that11

the study is commenced not later than October 1, 1997,12

and is completed within six months after it is commenced.13

(2) The Secretary shall submit the report required14

under subsection (d) not later than 30 days after the com-15

pletion of the study.16

SEC. 1042. REPORT ON POLICIES AND PROGRAMS TO PRO-17

MOTE HEALTHY LIFESTYLES AMONG MEM-18

BERS OF THE ARMED FORCES AND THEIR DE-19

PENDENTS.20

(a) REPORT.—Not later than March 30, 1998, the21

Secretary of Defense shall submit to the Committee on22

Armed Services of the Senate and the Committee on Na-23

tional Security of the House of Representatives a report24

on the effectiveness of the policies and programs of the25

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Department of Defense intended to promote healthy life-1

styles among members of the Armed Forces and their de-2

pendents.3

(b) COVERED POLICIES AND PROGRAMS.—The re-4

port under subsection (a) shall address the following:5

(1) Programs intended to educate members of6

the Armed Forces and their dependents about the7

potential health consequences of the use of alcohol8

and tobacco.9

(2) Policies of the commissaries, post ex-10

changes, service clubs, and entertainment activities11

relating to the sale and use of alcohol and tobacco.12

(3) Programs intended to provide support to13

members of the Armed Forces and dependents who14

elect to reduce or eliminate their use of alcohol or15

tobacco.16

(4) Any other policies or programs intended to17

promote healthy lifestyles among members of the18

Armed Forces and their dependents.19

SEC. 1043. REPORT ON POLICIES AND PRACTICES RELAT-20

ING TO THE PROTECTION OF MEMBERS OF21

THE ARMED FORCES ABROAD FROM TERROR-22

IST ATTACK.23


ings:25

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(1) On June 25, 1996, a bomb detonated not1

more than 80 feet from the Air Force housing com-2

plex known as Khobar Towers in Dhahran, Saudi3

Arabia, killing 19 members of the Air Force and in-4

juring hundreds more.5

(2) On June 13, 1996, a report by the Bureau6

of Intelligence and Research of the Department of7

State highlighted security concerns in the region in8

which Dharhan is located.9

(3) On June 17, 1996, the Department of De-10

fense received an intelligence report detailing a high11

level of risk to the complex.12

(4) In January 1996, the Office of Special In-13

vestigations of the Air Force issued a vulnerability14

assessment for the complex, which assessment high-15

lighted the vulnerability of perimeter security at the16

complex given the proximity of the complex to a17

boundary fence and the lack of the protective coat-18

ing Mylar on its windows.19

(b) REPORT.—Not later than 90 days after the date20

of enactment of this Act, the Secretary of Defense shall21

submit to the congressional defense committees a report22

containing the following:23

(1) An assessment of the current policies and24

practices of the Department of Defense with respect25

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to the protection of members of the Armed Forces1

abroad against terrorist attack, including any modi-2

fications to such policies or practices that are pro-3

posed or implemented as a result of the assessment.4

(2) An assessment of the procedures of the De-5

partment of Defense intended to determine account-6

ability, if any, in the command structure in in-7

stances in which a terrorist attack results in the loss8

of life at an installation or facility of the Armed9

Forces abroad.10

SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE FAMILY11

NOTIFICATION AND ASSISTANCE PROCE-12

DURES IN CASES OF MILITARY AVIATION AC-13

CIDENTS.14


ings:16

(1) There is a need for the Department of De-17

fense to improve significantly the family notification18

procedures of the department that are applicable in19

cases of Armed Forces personnel casualties and De-20

partment of Defense civilian personnel casualties re-21

sulting from military aviation accidents.22

(2) This need was demonstrated in the after-23

math of the tragic crash of a C–130 aircraft off the24

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coast of Northern California that killed 10 Reserves1

from Oregon on November 22, 1996.2

(3) The experience of the members of the fami-3

lies of those Reserves has left the family members4

with a general perception that the existing Depart-5

ment of Defense procedures for notifications regard-6

ing casualties and related matters did not meet the7

concerns and needs of the families.8

(4) It is imperative that Department of Defense9

representatives involved in family notifications re-10

garding casualties have the qualifications and experi-11

ence to provide meaningful information on accident12

investigations and effective grief counseling.13

(5) Military families deserve the best possible14

care, attention, and information, especially at a time15

of tragic personal loss.16

(6) Although the Department of Defense pro-17

vides much needed logistical support, including18

transportation and care of remains, survivor counsel-19

ing, and other benefits in cases of tragedies like the20

crash of the C–130 aircraft on November 22, 1996,21

the support may be insufficient to meet the imme-22

diate emotional and personal needs of family mem-23

bers affected by such tragedies.24

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(7) It is important that the flow of information1

to surviving family members be accurate and timely,2

and be provided to family members in advance of3

media reports, and, therefore, that the Department4

of Defense give a high priority, to the extent prac-5

ticable, to providing the family members with all rel-6

evant information on an accident as soon as it be-7

comes available, consistent with the national security8

interests of the United States, and to allowing the9

family members full access to any public hearings or10

public meetings about the accident.11

(8) Improved procedures for civilian family no-12

tification that have been adopted by the Federal13

Aviation Administration and National Transpor-14

tation Safety Board might serve as a useful model15

for reforms to Department of Defense procedures.16

(b) REPORTS BY SECRETARY OF DEFENSE.—(1) Not17

later than December 1, 1997, the Secretary of Defense18

shall submit to Congress a report on the advisability of19

establishing a process for conducting a single, public inves-20

tigation of each Department of Defense aviation accident21

that is similar to the accident investigation process of the22

National Transportation Safety Board. The report shall23

include—24

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(A) a discussion of whether adoption of the ac-1

cident investigation process of the National Trans-2

portation Safety Board by the Department of De-3

fense would result in benefits that include the satis-4

faction of needs of members of families of victims of5

the accident, increased aviation safety, and improved6

maintenance of aircraft;7

(B) a determination of whether the Department8

of Defense should adopt that accident investigation9

process; and10

(C) any justification for the current practice of11

the Department of Defense of conducting separate12

accident and safety investigations.13

(2) Not later than April 2, 1998, the Secretary of14

Defense shall submit to Congress a report on assistance15

provided by the Department of Defense to families of cas-16

ualties among Armed Forces and civilian personnel of the17

department. The report shall include—18

(A) a discussion of the adequacy and effective-19

ness of the family notification procedures of the De-20

partment of Defense, including the procedures of the21

military departments; and22

(B) a description of the assistance provided to23

members of the families of such personnel.24

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(c) REPORT BY DEPARTMENT OF DEFENSE INSPEC-1

TOR GENERAL.—(1) Not later than December 1, 1997,2

the Inspector General of the Department of Defense shall3

review the procedures of the Federal Aviation Administra-4

tion and the National Transportation Safety Board for5

providing information and assistance to members of fami-6

lies of casualties of nonmilitary aviation accidents, and7

submit a report on the review to Congress. The report8

shall include a discussion of the following matters:9

(A) Designation of an experienced non-profit10

organization to provide assistance for satisfying11

needs of families of accident victims.12

(B) An assessment of the system and proce-13

dures for providing families with information on ac-14

cidents and accident investigations.15

(C) Protection of members of families from un-16

wanted solicitations relating to the accident.17

(D) A recommendation regarding whether the18

procedures or similar procedures should be adopted19

by the Department of Defense, and if the rec-20

ommendation is not to adopt the procedures, a de-21

tailed justification for the recommendation.22

(d) UNCLASSIFIED FORM OF REPORTS.—The reports23

under subsections (b) and (c) shall be submitted in unclas-24

sified form.25

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SEC. 1045. REPORT ON HELSINKI JOINT STATEMENT.1

(a) REQUIREMENT.—Not later than March 31, 1998,2

the President shall submit to the congressional defense3

committees a report on the Helsinki Joint Statement on4

future reductions in nuclear forces. The report shall ad-5

dress the United States approach (including verification6

implications) to implementing the Helsinki Joint State-7

ment, in particular, as it relates to: lower aggregate levels8

of strategic nuclear warheads; measures relating to the9

transparency of strategic nuclear warhead inventories and10

the destruction of strategic nuclear warheads; deactivation11

of strategic nuclear delivery vehicles; measures relating to12

nuclear long-range sea-launched cruise missiles and tac-13

tical nuclear systems; and issues related to transparency14

in nuclear materials.15

(b) DEFINITIONS.—In this section:16

(1) The term ‘‘Helsinki Joint Statement’’17

means the agreements between the President of the18

United States and the President of the Russian Fed-19

eration as contained in the Joint Statement on Pa-20

rameters on Future Reductions in Nuclear Forces21

issued at Helsinki in March 1997.22

(2) The term ‘‘START II TREATY’’ means23

the Treaty Between the United States of America24

and the Russian Federation on Further Reduction25

and Limitation on Strategic Offensive Arms, signed26

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at Moscow on January 3, 1993, including any proto-1

cols and memoranda of understanding associated2

with the treaty.3

SEC. 1046. ASSESSMENT OF THE CUBAN THREAT TO4

UNITED STATES NATIONAL SECURITY.5


ings:7

(1) The United States has been an avowed8

enemy of Cuba for over 35 years, and Fidel Castro9

has made hostility towards the United States a prin-10

cipal tenet of his domestic and foreign policy.11

(2) The ability of the United States as a sov-12

ereign nation to respond to any Cuban provocation13

is directly related to the ability of the United States14

to defend the people and territory of the United15

States against any Cuban attack.16

(3) In 1994, the Government of Cuba callously17

encouraged a massive exodus of Cubans, by boat and18

raft, toward the United States.19

(4) Countless numbers of those Cubans lost20

their lives on the high seas as a result of those ac-21

tions of the Government of Cuba.22

(5) The humanitarian response of the United23

States to rescue, shelter, and provide emergency care24

to those Cubans, together with the actions taken to25

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absorb some 30,000 of those Cubans into the United1

States, required immeasurable efforts and expendi-2

tures of hundreds of millions of dollars for the costs3

incurred by the United States and State and local4

governments in connection with those efforts.5

(6) On February 24, 1996, Cuban MiG aircraft6

attacked and destroyed, in international airspace,7

two unarmed civilian aircraft flying from the United8

States, and the four persons in those unarmed civil-9

ian aircraft were killed.10

(7) Since the attack, the Cuban government has11

issued no apology for the attack, nor has it indicated12

any intention to conform its conduct to international13

law that is applicable to civilian aircraft operating in14

international airspace.15

(b) REVIEW AND REPORT.—Not later than March16

30, 1998, the Secretary of Defense shall carry out a com-17

prehensive review and assessment of Cuban military capa-18

bilities and the threats to the national security of the19

United States that are posed by Fidel Castro and the Gov-20

ernment of Cuba and submit a report on the review to21



resentatives. The report shall contain—24

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(1) a discussion of the results of the review, in-1

cluding an assessment of the contingency plans; and2

(2) the Secretary’s assessment of the threats,3

including—4

(A) such unconventional threats as—5

(i) encouragement of migration crises;6

and7

(ii) attacks on citizens and residents8

of the United States while they are en-9

gaged in peaceful protest in international10

waters or airspace;11

(B) the potential for development and de-12

livery of chemical or biological weapons; and13

(C) the potential for internal strife in Cuba14

that could involve citizens or residents of the15

United States or the Armed Forces of the16

United States.17

(c) CONSULTATION ON REVIEW AND ASSESSMENT.—18

In performing the review and preparing the assessment,19

the Secretary of Defense shall consult with the Chairman20

of the Joint Chiefs of Staff, the Commander-in-Chief of21

the United States Southern Command, and the heads of22

other appropriate agencies of the Federal Government.23

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SEC. 1047. FIRE PROTECTION AND HAZARDOUS MATERIALS1

PROTECTION AT FORT MEADE, MARYLAND.2

(a) PLAN.—Not later than 120 days after the date3

of enactment of this Act, the Secretary of the Army shall4

submit to the congressional defense committees a plan to5

address the requirements for fire protection services and6

hazardous materials protection services at Fort Meade,7

Maryland, including the National Security Agency at Fort8

Meade, as identified in the preparedness evaluation report9

of the Army Corps of Engineers on Fort Meade.10

(b) ELEMENTS.—The plan shall include the follow-11

ing:12

(1) A schedule for the implementation of the13

plan.14

(2) A detailed list of funding options available15

to provide centrally located, modern facilities and16

equipment to meet current requirements for fire pro-17

tection services and hazardous materials protection18

services at Fort Meade.19

SEC. 1048. REPORT TO CONGRESS ASSESSING DEPEND-20

ENCE ON FOREIGN SOURCES FOR CERTAIN21

RESISTORS AND CAPACITORS.22

(a) REPORT REQUIRED.—Not later than May 1,23

1998, the Secretary of Defense shall submit to Congress24

a report—25

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(1) assessing the level of dependence on foreign1

sources for procurement of certain resistors and ca-2

pacitors and projecting the level of such dependence3

that is likely to obtain after the implementation of4

relevant tariff reductions required by the Informa-5

tion Technology Agreement; and6

(2) recommending appropriate changes, if any,7

in defense procurement or other Federal policies on8

the basis of the national security implications of9

such actual or projected foreign dependence.10

(b) DEFINITION.—For purposes of this section, the11

term ‘‘certain resistors and capacitors’’ shall mean—12

(1) fixed resistors,13

(2) wirewound resistors,14

(3) film resistors,15

(4) solid tantalum capacitors,16

(5) multi-layer ceramic capacitors, and17

(6) wet tantalum capacitors.18


SEC. 1051. PSYCHOTHERAPIST-PATIENT PRIVILEGE IN THE20

MILITARY RULES OF EVIDENCE.21

(a) REQUIREMENT FOR PROPOSED RULE.—The Sec-22

retary of Defense shall submit to the President, for consid-23

eration for promulgation under article 36 of the Uniform24

Code of Military Justice (10 U.S.C. 836), a recommended25

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amendment to the Military Rules of Evidence that recog-1

nizes an evidentiary privilege regarding disclosure by a2

psychotherapist of confidential communications between a3

patient and the psychotherapist.4

(b) APPLICABILITY OF PRIVILEGE.—The rec-5

ommended amendment shall include a provision that ap-6

plies the privilege to—7

(1) patients who are not subject to the Uniform8

Code of Military Justice; and9

(2) any patients subject to the Uniform Code of10

Military Justice that the Secretary determines it ap-11

propriate for the privilege to cover.12

(c) SCOPE OF PRIVILEGE.—The evidentiary privilege13

recommended pursuant to subsection (a) shall be similar14

in scope to the psychotherapist-patient privilege recog-15

nized under Rule 501 of the Federal Rules of Evidence,16

subject to such exceptions and limitations as the Secretary17

determines appropriate on the bases of law, public policy,18

and military necessity.19

(d) DEADLINE FOR RECOMMENDATION.—The Sec-20

retary shall submit the recommendation under subsection21

(a) on or before the later of the following dates:22

(1) The date that is 90 days after the date of23

the enactment of this Act.24

(2) January 1, 1998.25

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SEC. 1052. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI-1

TIES PILOT PROGRAM.2

(a) EXTENSION OF PILOT PROGRAM AUTHORITY FOR3

CURRENT NUMBER OF PROGRAMS.—Subsection (a) of4

section 1091 of the National Defense Authorization Act5

for Fiscal Year 1993 (Public Law 102–484; 32 U.S.C.6

501 note) is amended—7

(1) by striking out ‘‘During fiscal years 19938

through 1995’’ and inserting in lieu thereof ‘‘(1)9

During fiscal years 1993 through 1998’’; and10


paragraph:12

‘‘(2) In fiscal years after fiscal year 1995, the number13

of programs carried out under subsection (d) as part of14

the pilot program may not exceed the number of such pro-15

grams as of September 30, 1995.’’.16

(b) FISCAL RESTRICTIONS.—(1) Section 1091 of17

such Act is amended by striking out subsection (k) and18

inserting in lieu thereof the following:19

‘‘(k) FISCAL RESTRICTIONS.—(1) The Federal Gov-20

ernment’s share of the total cost of carrying out a pro-21

gram in a State as part of the pilot program in any fiscal22

year after fiscal year 1997 may not exceed 50 percent of23

that total cost.24

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‘‘(2) The total amount expended for carrying out the1

program during a fiscal year may not exceed2

$20,000,000.’’.3

(2) Subsection (d)(3) of such section is amended by4

inserting ‘‘, subject to subsection (k)(1),’’ after ‘‘provide5

funds’’.6

(c) CONFORMING REPEAL.—Section 573 of the Na-7


(Public Law 104–106; 110 Stat. 355; 32 U.S.C. 501 note)9

is repealed.10

SEC. 1053. PROTECTION OF ARMED FORCES PERSONNEL11

DURING PEACE OPERATIONS.12

(a) PROTECTION OF PERSONNEL.—13

(1) IN GENERAL.—The Secretary of Defense14

shall take appropriate actions to ensure that units of15

the Armed Forces (including Army units, Marine16

Corps units, Air Force units, and support units for17

such units) engaged in peace operations have ade-18

quate troop protection equipment for such oper-19

ations.20

(2) SPECIFIC ACTIONS.—In taking such actions,21

the Secretary shall—22

(A) identify the additional troop protection23

equipment, if any, required to equip a division24

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equivalent with adequate troop protection1

equipment for peace operations;2

(B) establish procedures to facilitate the3

exchange of troop protection equipment among4

the units of the Armed Forces; and5

(C) designate within the Department of6

Defense an individual responsible for—7

(i) ensuring the proper allocation of8

troop protection equipment among the9

units of the Armed Forces engaged in10

peace operations; and11

(ii) monitoring the availability, status12

or condition, and location of such equip-13

ment.14

(b) REPORT.—Not later than March 1, 1998, the15

Secretary shall submit to Congress a report on the actions16

taken by the Secretary under subsection (a).17

(c) TROOP PROTECTION EQUIPMENT DEFINED.—In18

this section, the term ‘‘troop protection equipment’’ means19

the equipment required by units of the Armed Forces to20

defend against any hostile threat that is likely during a21

peace operation, including an attack by a hostile crowd,22

small arms fire, mines, and a terrorist bombing attack.23

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SEC. 1054. LIMITATION ON RETIREMENT OR DISMANTLE-1

MENT OF STRATEGIC NUCLEAR DELIVERY2

SYSTEMS.3

(a) FUNDING LIMITATION.—Funds available to the4

Department of Defense may not be obligated or expended5

during fiscal year 1998 for retiring or dismantling, or for6

preparing to retire or dismantle, any of the following stra-7

tegic nuclear delivery systems below the specified levels:8

(1) 71 B–52H bomber aircraft.9

(2) 18 Trident ballistic missile submarines.10

(3) 500 Minuteman III intercontinental ballistic11

missiles.12

(4) 50 Peacekeeper intercontinental ballistic13

missiles.14

(b) WAIVER AUTHORITY.—If the START II Treaty15

enters into force during fiscal year 1997 or fiscal year16

1998, the Secretary of Defense may waive the application17

of the limitation under subsection (a) to the extent that18

the Secretary determines necessary in order to implement19

the treaty.20

(c) FUNDING LIMITATION ON EARLY DEACTIVA-21

TION.—(1) If the limitation under subsection (a) ceases22

to apply by reason of a waiver under subsection (b), funds23

available to the Department of Defense may nevertheless24

not be obligated or expended during fiscal year 1998 to25

implement any agreement or understanding to undertake26

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substantial early deactivation of a strategic nuclear deliv-1

ery system specified in subsection (a) until 30 days after2

the date on which the President submits to Congress a3

report concerning such actions.4

(2) For purposes of this subsection, a substantial5

early deactivation is an action during fiscal year 1998 to6

deactivate a substantial number of strategic nuclear deliv-7

ery systems specified in subsection (a) by—8

(A) removing nuclear warheads from those sys-9

tems; or10

(B) taking other steps to remove those systems11

from combat status.12

(3) A report under this subsection shall include the13

following:14

(A) The text of any understanding or agree-15

ment between the United States and the Russian16

Federation concerning substantial early deactivation17

of strategic nuclear delivery systems under the18

START II Treaty.19

(B) The plan of the Department of Defense for20

implementing the agreement.21

(C) An assessment of the Secretary of Defense22

of the adequacy of the provisions contained in the23

agreement for monitoring and verifying compliance24

of Russia with the terms of the agreement.25

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(D) A determination by the President as to1

whether the deactivations to occur under the agree-2

ment will be carried out in a symmetrical, reciprocal,3

or equivalent manner.4

(E) An assessment by the President of the ef-5

fect of the proposed early deactivation on the stabil-6

ity of the strategic balance and relative strategic nu-7

clear capabilities of the United States and the Rus-8

sian Federation at various stages during deactiva-9

tion and upon completion.10

(d) CONTINGENCY PLAN FOR SUSTAINMENT OF SYS-11

TEMS.—(1) Not later then February 15, 1998, the Sec-12

retary of Defense shall submit to the congressional defense13

committees a plan for the sustainment beyond October 1,14

1999, of United States strategic nuclear delivery systems15

and alternative Strategic Arms Reduction Treaty force16

structures in the event that a strategic arms reduction17

agreement subsequent to the Strategic Arms Reduction18

Treaty does not enter into force before 2004.19

(2) The plan shall include a discussion of the follow-20

ing matters:21

(A) The actions that are necessary to sustain22

the United States strategic nuclear delivery systems,23

distinguishing between the actions that are planned24

for and funded in the future-years defense program25

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and the actions that are not planned for and funded1

in the future-years defense program.2

(B) The funding necessary to implement the3

plan, indicating the extent to which the necessary4

funding is provided for in the future-years defense5

program and the extent to which the necessary fund-6

ing is not provided for in the future-years defense7

program.8

(e) START TREATIES DEFINED.—In this section:9

(1) The term ‘‘Strategic Arms Reduction Trea-10

ty’’ means the Treaty Between the United States of11

America and the United Soviet Socialist Republics12

on the Reduction and Limitation of Strategic Offen-13

sive Arms (START), signed at Moscow on July 31,14

1991, including related annexes on agreed state-15

ments and definitions, protocols, and memorandum16

of understanding.17

(2) The term ‘‘START II Treaty’’ means the18

Treaty Between the United States of America and19

the Russian Federation on Further Reduction and20

Limitation of Strategic Offensive Arms, signed at21

Moscow on January 3, 1993, including the following22

protocols and memorandum of understanding, all23

such documents being integral parts of and collec-24

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tively referred to as the ‘‘START II Treaty’’ (con-1

tained in Treaty Document 103–1):2

(A) The Protocol on Procedures Governing3

Elimination of Heavy ICBMs and on Proce-4

dures Governing Conversion of Silo Launchers5

of Heavy ICBMs Relating to the Treaty Be-6

tween the United States of America and the7

Russian Federation on Further Reduction and8

Limitation of Strategic Offensive Arms (also9

known as the ‘‘Elimination and Conversion Pro-10

tocol’’).11

(B) The Protocol on Exhibitions and In-12

spections of Heavy Bombers Relating to the13

Treaty Between the United States and the Rus-14

sian Federation on Further Reduction and15

Limitation of Strategic Offensive Arms (also16

known as the ‘‘Exhibitions and Inspections Pro-17

tocol’’).18

(C) The Memorandum of Understanding19

on Warhead Attribution and Heavy Bomber20

Data Relating to the Treaty Between the21

United States of America and the Russian Fed-22

eration on Further Reduction and Limitation of23

Strategic Offensive Arms (also known as the24

‘‘Memorandum on Attribution’’).25

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SEC. 1055. ACCEPTANCE AND USE OF LANDING FEES FOR1

USE OF OVERSEAS MILITARY AIRFIELDS BY2

CIVIL AIRCRAFT.3

(a) AUTHORITY.—Section 2350j of title 10, United4


(1) by redesignating subsections (f) and (g) as6

subsections (g) and (h), and7

(2) by inserting after subsection (e) the follow-8

ing new subsection (f):9

‘‘(f) PAYMENTS FOR CIVIL USE OF MILITARY AIR-10

FIELDS.—The authority under subsection (a) includes au-11

thority for the Secretary of a military department to ac-12

cept payments of landing fees for use of a military airfield13

by civil aircraft that are prescribed pursuant to an agree-14

ment that is entered into with the government of the coun-15

try in which the airfield is located. Payments received16

under this subsection in a fiscal year shall be credited to17

the appropriation that is available for the fiscal year for18

the operation and maintenance of the military airfield,19

shall be merged with amounts in the appropriation to20

which credited, and shall be available for the same period21

and purposes as the appropriation is available.’’.22

(b) CONFORMING AMENDMENTS.—(1) Subsection (b)23

of such section is amended by striking out ‘‘Any’’ at the24

beginning of the second sentence and inserting in lieu25

thereof ‘‘Except as provided in subsection (f), any’’.26

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(2) Subsection (c) of such section is amended by1

striking out ‘‘Contributions’’ in the matter preceding para-2

graph (1), and inserting in lieu thereof ‘‘Except as pro-3

vided in subsection (f), contributions’’.4

SEC. 1056. ONE-YEAR EXTENSION OF INTERNATIONAL NON-5

PROLIFERATION INITIATIVE.6

(a) ONE-YEAR EXTENSION.—Subsection (f) of sec-7

tion 1505 of the Weapons of Mass Destruction Control8

Act of 1992 (title XV of the National Defense Authoriza-9

tion Act for Fiscal Year 1993; 22 U.S.C. 5859a) is10

amended by striking out ‘‘1997’’ and inserting in lieu11

thereof ‘‘1998’’.12

(b) LIMITATIONS ON AMOUNT OF ASSISTANCE FOR13

ADDITIONAL FISCAL YEARS.—Subsection (d)(3) of such14

section is amended by striking out ‘‘or $15,000,000 for15

fiscal year 1997’’ and inserting in lieu thereof16

‘‘$15,000,000 for fiscal year 1997, or $15,000,000 for fis-17

cal year 1998’’.18

SEC. 1057. ARMS CONTROL IMPLEMENTATION AND ASSIST-19

ANCE FOR FACILITIES SUBJECT TO INSPEC-20

TION UNDER THE CHEMICAL WEAPONS CON-21

VENTION.22

(a) ASSISTANCE AUTHORIZED.—The On-Site Inspec-23

tion Agency of the Department of Defense may provide24

technical assistance, on a reimbursable basis (in accord-25

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ance with subsection (b)), to a facility that is subject to1

a routine or challenge inspection under the Chemical2

Weapons Convention upon the request of the owner or op-3

erator of the facility.4

(b) REIMBURSEMENT REQUIREMENT.—The United5

States National Authority shall reimburse the On-Site In-6

spection Agency for costs incurred by the agency in pro-7

viding assistance under subsection (a).8

(c) DEFINITIONS.—In this section:9

(1) The terms ‘‘Chemical Weapons Convention’’10

and ‘‘Convention’’ mean the Convention on the Pro-11

hibition of the Development, Production, Stockpiling12

and Use of Chemical Weapons and on Their De-13

struction, opened for signature on January 13,14

1993.15

(2) The term ‘‘facility that is subject to a rou-16

tine inspection’’ means a declared facility, as defined17

in paragraph 15 of part X of the Annex on Imple-18

mentation and Verification of the Convention.19

(3) The term ‘‘challenge inspection’’ means an20

inspection conducted under Article IX of the Con-21

vention.22

(4) The term ‘‘United States National Author-23

ity’’ means the United States National Authority es-24

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tablished or designated pursuant to Article VII,1

paragraph 4, of the Chemical Weapons Convention.2

SEC. 1058. SENSE OF SENATE REGARDING THE RELATION-3

SHIP BETWEEN ENVIRONMENTAL LAWS AND4

UNITED STATES OBLIGATIONS UNDER THE5

CHEMICAL WEAPONS CONVENTION.6

(a) FINDINGS.—The Senate makes the following7

findings:8

(1) The Chemical Weapons Convention requires9

the destruction of the United States stockpile of le-10

thal chemical agents and munitions within 10 years11

after the Convention’s entry into force (or 2007).12

(2) The President possesses substantial powers13

under existing law to ensure that the technologies14

necessary to destroy the stockpile are developed, that15

the facilities necessary to destroy the stockpile are16

constructed, and that Federal, State, and local envi-17

ronmental laws and regulations do not impair the18

ability of the United States to comply with its obli-19

gations under the Convention.20

(b) SENSE OF SENATE.—It is the sense of the Senate21

that the President—22

(1) should use the authority granted the Presi-23

dent under existing law to ensure that the United24

States is able to construct and operate the facilities25

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necessary to destroy the United States stockpile of1

lethal chemical agents and munitions within the time2

allowed by the Chemical Weapons Convention; and3

(2) while carrying out the United States obliga-4

tions under the Convention, should encourage nego-5

tiations between appropriate Federal Government of-6

ficials and officials of the State and local govern-7

ments concerned to attempt to meet their concerns8

about the actions being taken to carry out those ob-9

ligations.10

(c) CHEMICAL WEAPONS CONVENTION DEFINED.—11

In this section, the terms ‘‘Chemical Weapons Conven-12

tion’’ and ‘‘Convention’’ mean the Convention on the Pro-13

hibition of the Development, Production, Stockpiling and14

Use of Chemical Weapons and on Their Destruction,15

opened for signature on January 13, 1993.16

SEC. 1059. SENSE OF CONGRESS REGARDING FUNDING FOR17

RESERVE COMPONENT MODERNIZATION NOT18

REQUESTED IN THE ANNUAL BUDGET RE-19

QUEST.20

(a) LIMITATION.—It is the sense of Congress that,21

to the maximum extent practicable, Congress should con-22

sider authorizing appropriations for reserve component23

modernization activities not included in the budget request24

of the Department of Defense for a fiscal year only if—25

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(1) there is a Joint Requirements Oversight1

Council validated requirement for the equipment;2

(2) the equipment is included for reserve com-3

ponent modernization in the modernization plan of4

the military department concerned and is incor-5

porated into the future-years defense program;6

(3) the equipment is consistent with the use of7

reserve component forces;8

(4) the equipment is necessary in the national9

security interests of the United States; and10

(5) the funds can be obligated in the fiscal year.11

(b) VIEWS OF THE CHAIRMAN, JOINT CHIEFS OF12

STAFF.—It is further the sense of Congress that, in apply-13

ing the criteria set forth in subsection (a), Congress14

should obtain the views of the Chairman of the Joint15

Chiefs of Staff, including views on whether funds for16

equipment not included in the budget request are appro-17

priate for the employment of reserve component forces in18

Department of Defense warfighting plans.19

SEC. 1060. AUTHORITY OF SECRETARY OF DEFENSE TO20

SETTLE CLAIMS RELATING TO PAY, ALLOW-21

ANCES, AND OTHER BENEFITS.22

(a) AUTHORITY TO WAIVE TIME LIMITATIONS.—23

Paragraph (1) of section 3702(e) of title 31, United States24

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Code, is amended by striking out ‘‘Comptroller General’’1

and inserting in lieu thereof ‘‘Secretary of Defense’’.2

(b) APPROPRIATION TO BE CHARGED.—Paragraph3

(2) of such section is amended by striking out ‘‘shall be4

subject to the availability of appropriations for payment5

of that particular claim’’ and inserting in lieu thereof6

‘‘shall be made from an appropriation that is available,7

for the fiscal year in which the payment is made, for the8

same purpose as the appropriation to which the obligation9

claimed would have been charged if the obligation had10

been timely paid’’.11

SEC. 1061. COORDINATION OF ACCESS OF COMMANDERS12

AND DEPLOYED UNITS TO INTELLIGENCE13

COLLECTED AND ANALYZED BY THE INTEL-14

LIGENCE COMMUNITY.15


ings:17

(1) Coordination of operational intelligence sup-18

port for the commanders of the combatant com-19

mands and deployed units of the Armed Forces has20

proven to be inadequate.21

(2) Procedures used to reconcile information22

among various intelligence community and Depart-23

ment of Defense data bases proved to be inadequate24

and, being inadequate, diminished the usefulness of25

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that information and preclude commanders and1

planners within the Armed Forces from fully benefit-2

ing from key information that should have been3

available to them.4

(3) Excessive compartmentalization of respon-5

sibilities and information within the Department of6

Defense and the other elements of the intelligence7

community resulted in inaccurate analysis of impor-8

tant intelligence material.9

(4) Excessive restrictions on the distribution of10

information within the executive branch disadvan-11

taged units of the Armed Forces that would have12

benefited most from the information.13

(5) Procedures used in the Department of De-14

fense to ensure that critical intelligence information15

is provided to the right combat units in a timely16

manner failed during the Persian Gulf War and, as17

a result, information about potential chemical weap-18

ons storage locations did not reach the units that19

eventually destroyed those storage areas.20

(6) A recent, detailed review of the events lead-21

ing to and following the destruction of chemical22

weapons by members of the Armed Forces at23

Khamisiyah, Iraq, during the Persian Gulf War has24

revealed a number of inadequacies in the way the25

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Department of Defense and the other elements of1

the intelligence community handled, distributed, re-2

corded, and stored intelligence information about the3

threat of exposure of United States forces to chemi-4

cal weapons and the toxic agents in those weapons.5

(7) The inadequacy of procedures for recording6

the receipt of, and reaction to, intelligence reports7

provided by the intelligence community to combat8

units of the Armed Forces during the Persian Gulf9

War has caused it to be impossible to analyze the10

failures in transmission of intelligence-related infor-11

mation on the location of chemical weapons at12

Khamisiyah, Iraq, that resulted in the demolition of13

chemical weapons by members of the Armed Forces14

unaware of the hazards to which they were exposed.15


March 1, 1998, the Secretary of Defense shall submit to17

Congress a report that identifies the specific actions that18

have been taken or are being taken to ensure that there19

is adequate coordination of operational intelligence sup-20

port for the commanders of the combatant commands and21

deployed units of the Armed Forces.22

(c) DEFINITION OF INTELLIGENCE COMMUNITY.—In23

this section, the term ‘‘intelligence community’’ has the24

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meaning given the term in section 3 of the National Secu-1

rity Act of 1947 (50 U.S.C. 401a).2

SEC. 1062. PROTECTION OF IMAGERY, IMAGERY INTEL-3

LIGENCE, AND GEOSPATIAL INFORMATION4

AND DATA.5

(a) PROTECTION OF INFORMATION ON CAPABILI-6

TIES.—Paragraph (1)(B) of section 455(b) of title 10,7

United States Code, is amended by inserting ‘‘, or capa-8

bilities,’’ after ‘‘methods’’.9

(b) PRODUCTS PROTECTED.—(1) Paragraph (2) of10


‘‘(2) In this subsection, the term ‘geodetic product’12

means imagery, imagery intelligence, or geospatial infor-13

mation, as those terms are defined in section 467 of this14

title.’’.15

(2) Section 467(4)(C) of title 10, United States Code,16


‘‘(C) maps, charts, geodetic data, and re-18

lated products.’’.19

SEC. 1063. PROTECTION OF AIR SAFETY INFORMATION20

VOLUNTARILY PROVIDED BY A CHARTER AIR21

CARRIER.22


amended—24

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(1) by redesignating subsections (h) and (i) as1

subsections (i) and (j), respectively; and2

(2) by inserting after subsection (g) the follow-3

ing new subsection (h):4

‘‘(h) PROTECTION OF VOLUNTARILY SUBMITTED AIR5

SAFETY INFORMATION.—(1) Subject to paragraph (2),6

the appropriate official may deny a request made under7

any other provision of law for public disclosure of safety-8

related information that has been provided voluntarily by9

an air carrier to the Secretary of Defense for the purposes10

of this section, notwithstanding the provision of law under11

which the request is made.12

‘‘(2) The appropriate official may exercise authority13

to deny a request for disclosure of information under para-14

graph (1) if the official first determines that—15

‘‘(A) the disclosure of the information as re-16

quested would inhibit an air carrier from voluntarily17

disclosing, in the future, safety-related information18

for the purposes of this section or for other air safe-19

ty purposes involving the Department of Defense or20

another Federal agency; and21

‘‘(B) the receipt of such information generally22

enhances the fulfillment of responsibilities under this23

section or other air safety responsibilities involving24

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the Department of Defense or another Federal agen-1

cy.2

‘‘(3) For the purposes of this section, the appropriate3

official for exercising authority under paragraph (1) is—4

‘‘(A) the Secretary of Defense, in the case of a5

request for disclosure of information that is directed6

to the Department of Defense; or7

‘‘(B) the head of another Federal agency, in the8

case of a request that is directed to that Federal9

agency regarding information described in paragraph10

(1) that the Federal agency has received from the11

Department of Defense.’’.12

SEC. 1064. SUSTAINMENT AND OPERATION OF GLOBAL PO-13

SITIONING SYSTEM.14


ings:16

(1) The Global Positioning System, with its17

multiple uses, makes significant contributions to the18

attainment of the national security and foreign pol-19

icy goals of the United States, the safety and effi-20

ciency of international transportation, and the eco-21

nomic growth, trade, and productivity of the United22

States.23

(2) The infrastructure for the Global Position-24

ing System, including both space and ground seg-25

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ments of the infrastructure, is vital to the effective-1

ness of United States and allied military forces and2

to the protection of the national security interests of3

the United States.4

(3) In addition to having military uses, the5

Global Positioning System has essential civil, com-6

mercial, and scientific uses.7

(4) Driven by the increasing demand of civil,8

commercial, and scientific users of the Global Posi-9

tioning System—10

(A) there has emerged in the United11

States a new commercial industry to provide12

Global Positioning System equipment and relat-13

ed services to the many and varied users of the14

system; and15

(B) there have been rapid technical ad-16

vancements in Global Positioning System equip-17

ment and services that have contributed signifi-18

cantly to reductions in the cost of the Global19

Positioning System and increases in the tech-20

nical capabilities and availability of the system21

for military uses.22

(5) It is in the national interest of the United23

States for the United States—24

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(A) to support continuation of the mul-1

tiple-use character of the Global Positioning2

System;3

(B) to promote broader acceptance and use4

of the Global Positioning System and the tech-5

nological standards that facilitate expanded use6

of the system for civil purposes;7

(C) to coordinate with other countries to8

ensure—9

(i) efficient management of the elec-10

tromagnetic spectrum utilized for the Glob-11

al Positioning System; and12

(ii) protection of that spectrum in13

order to prevent disruption of, and inter-14

ference with, signals from the system; and15

(D) to encourage open access in all inter-16

national markets to the Global Positioning Sys-17

tem and supporting equipment, services, and18

techniques.19

(b) SUSTAINMENT AND OPERATION FOR MILITARY20

PURPOSES.—The Secretary of Defense shall—21

(1) provide for the sustainment of the Global22

Positioning System capabilities, and the operation of23

basic Global Positioning System services, that are24

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beneficial for the national security interests of1

United States;2

(2) develop appropriate measures for preventing3

hostile use of the Global Positioning System that4

make it unnecessary to use the selective availability5

feature of the system continuously and do not hinder6

the use of the Global Positioning System by the7

United States and its allies for military purposes;8

and9

(3) ensure that United States military forces10

have the capability to use the Global Positioning11

System effectively despite hostile attempts to prevent12

the use of the system by such forces.13

(c) SUSTAINMENT AND OPERATION FOR CIVILIAN14

PURPOSES.—The Secretary of Defense shall—15

(1) provide for the sustainment and operation16

of basic Global Positioning System services for17

peaceful civil, commercial, and scientific uses on a18

continuous worldwide basis free of direct user fees;19

(2) provide for the sustainment and operation20

of basic Global Positioning System services in order21

to meet the performance requirements of the Fed-22

eral Radionavigation Plan jointly issued by the Sec-23

retary of Defense and the Secretary of Transpor-24

tation;25

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(3) coordinate with the Secretary of Transpor-1

tation regarding the development and implementa-2

tion by the Federal Government of augmentations to3

the basic Global Positioning System that achieve or4

enhance uses of the system in support of transpor-5

tation;6

(4) coordinate with the Secretary of Commerce,7

the United States Trade Representative, and other8

appropriate officials to facilitate the development of9

new and expanded civil uses for the Global Position-10

ing System; and11

(5) develop measures for preventing hostile use12

of the Global Positioning System in a particular area13

without hindering peaceful civil use of the system14

elsewhere.15

(d) FEDERAL RADIONAVIGATION PLAN.—The Sec-16

retary of Defense and the Secretary of Transportation17

shall continue to prepare the Federal Radionavigation18

Plan every two years as originally provided for in the19

International Maritime Satellite Telecommunications Act20

(title V of the Communications Satellite Act of 1962; 4721

U.S.C. 751 et seq.).22

(e) INTERNATIONAL COOPERATION.—Congress urges23

the President to promote the security of the United States24

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and its allies, the public safety, and commercial interests1

by—2

(1) undertaking a coordinated effort within the3

executive branch to seek to establish the Global Po-4

sitioning System, and augmentations to the system,5

as a worldwide resource;6

(2) seeking to enter into international agree-7

ments to establish signal and service standards that8

protect the Global Positioning System from disrup-9

tion and interference; and10

(3) undertaking efforts to eliminate any bar-11

riers to, and other restrictions of foreign govern-12

ments on, peaceful uses of the Global Positioning13

System.14

(f) PROHIBITION OF SUPPORT OF FOREIGN SYS-15

TEM.—None of the funds authorized to be appropriated16

under this Act may be used to support the operation and17

maintenance or enhancement of any satellite navigation18

system operated by a foreign country.19

(g) REPORT.—(1) Not later than 30 days after the20

end of each even numbered fiscal year (beginning with fis-21

cal year 1998), the Secretary of Defense shall submit to22

the Committees on Armed Services and on Appropriations23

on the Senate and the Committees on National Security24

and on Appropriations of the House of Representatives a25

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report on the Global Positioning System. The report shall1

include a discussion of the following matters:2

(A) The operational status of the Global Posi-3

tioning System.4

(B) The capability of the system to satisfy5

effectively—6

(i) the military requirements for the sys-7

tem that are current as of the date of the re-8

port; and9

(ii) the performance requirements of the10

Federal Radionavigation Plan.11

(C) The most recent determination by the12

President regarding continued use of the selective13

availability feature of the Global Positioning System14

and the expected date of any change or elimination15

of use of that feature.16

(D) The status of cooperative activities under-17

taken by the United States with the governments of18

other countries concerning the capability of the19

Global Positioning System or any augmentation of20

the system to satisfy civil, commercial, scientific, and21

military requirements, including a discussion of the22

status and results of activities undertaken under any23

regional international agreement.24

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(E) Any progress made toward establishing the1

Global Positioning System as an international stand-2

ard for consistency of navigational service.3

(F) Any progress made toward protecting the4

Global Positioning System from disruption and in-5

terference.6

(G) The effects of use of the Global Positioning7

System on national security, regional security, and8

the economic competitiveness of United States in-9

dustry, including the Global Positioning System10

equipment and service industry and user industries.11

(2) In preparing the parts of the report required12

under subparagraphs (D), (E), (F), and (G) of paragraph13

(1), the Secretary of Defense shall consult with the Sec-14

retary of Commerce, Secretary of Transportation, and15

Secretary of Labor.16

(h) BASIC GLOBAL POSITIONING SYSTEM SERVICES17

DEFINED.—In this section, the term ‘‘basic global posi-18

tioning system services’’ means the following components19

of the Global Positioning System that are operated and20

maintained by the Department of Defense:21

(1) The constellation of satellites.22

(2) The navigation payloads that produce the23

Global Positioning System signals.24

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(3) The ground stations, data links, and associ-1

ated command and control facilities.2

SEC. 1065. LAW ENFORCEMENT AUTHORITY FOR SPECIAL3

AGENTS OF THE DEFENSE CRIMINAL INVES-4

TIGATIVE SERVICE.5


States Code, is amended by inserting after section 15857

the following new section:8

‘‘§ 1585a. Special agents of the Defense Criminal In-9

vestigative Service: law enforcement au-10

thority11

‘‘(a) AUTHORITY.—A special agent of the Defense12

Criminal Investigative Service designated under sub-13

section (b) has the following authority:14

‘‘(1) To carry firearms.15

‘‘(2) To execute and serve any warrant or other16

process issued under the authority of the United17

States.18

‘‘(3) To make arrests without warrant for—19

‘‘(A) any offense against the United States20

committed in the agent’s presence; or21

‘‘(B) any felony cognizable under the laws22

of the United States if the agent has probable23

cause to believe that the person to be arrested24

has committed or is committing the felony.25

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‘‘(b) DESIGNATION OF AGENTS TO HAVE AUTHOR-1

ITY.—The Secretary of Defense may designate to have the2

authority provided under subsection (a) any special agent3

of the Defense Criminal Investigative Service whose duties4

include conducting, supervising, or coordinating investiga-5

tions of criminal activity in programs and operations of6

the Department of Defense.7

‘‘(c) GUIDELINES ON EXERCISE OF AUTHORITY.—8

The authority provided under subsection (a) shall be exer-9

cised in accordance with guidelines prescribed by the In-10

spector General of the Department of Defense and ap-11

proved by the Attorney General, and any other applicable12

guidelines prescribed by the Secretary of Defense or the13

Attorney General.’’.14

(b) CONFORMING AMENDMENT.—The table of sec-15

tions at the beginning of such chapter is amended by in-16

serting after the item relating to section 1585 the follow-17

ing:18

‘‘1585a. Special agents of the Defense Criminal Investigative Service: law en-

forcement authority.’’.

SEC. 1066. REPEAL OF REQUIREMENT FOR CONTINUED OP-19

ERATION OF THE NAVAL ACADEMY DAIRY20

FARM.21

(a) REPEAL.—Section 810 of the Military Construc-22

tion Authorization Act, 1968 (Public Law 90–110; 8123

Stat. 309) is amended—24

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(1) by striking out subsection (a); and1

(2) in subsection (b), by striking out ‘‘nor2

shall’’ and all that follows through ‘‘Act of Con-3

gress’’.4

(b) CONFORMING AMENDMENTS.—(1) Section5

6971(b)(5) of title 10, United States Code, is amended6

by inserting ‘‘(if any)’’ before the period at the end.7

(2) Section 2105(b) of title 5, United States Code,8

is amended by inserting ‘‘(if any)’’ after ‘‘Academy dairy’’.9

SEC. 1067. POW/MIA INTELLIGENCE ANALYSIS.10

The Director of Central Intelligence, in consultation11

with the Secretary of Defense, shall provide analytical sup-12

port on POW/MIA matters to all departments and agen-13

cies of the Federal Government involved in such matters.14

The Secretary of Defense shall ensure that all intelligence15

regarding POW/MIA matters is taken into full account in16

the analysis of POW/MIA cases by DPMO.17

SEC. 1068. PROTECTION OF EMPLOYEES FROM RETALIA-18

TION FOR CERTAIN DISCLOSURES OF CLASSI-19

FIED INFORMATION.20

(a) DISCLOSURES TO OFFICIALS CLEARED FOR AC-21

CESS.—Section 2302(b) of title 5, United States Code, is22

amended—23

(1) in paragraph (8)—24

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(A) by striking out ‘‘or’’ at the end of sub-1

paragraph (A);2

(B) by inserting ‘‘or’’ at the end of sub-3

paragraph (B)(ii); and4

(C) by adding at the end the following:5

‘‘(C) a disclosure by an employee or appli-6

cant of information required by law or Execu-7

tive order to be kept secret in the interest of8

national defense or the conduct of foreign af-9

fairs which the employee or applicant reason-10

ably believes to provide direct and specific evi-11

dence of—12

‘‘(i) a violation of any law, rule, or13

regulation,14

‘‘(ii) gross mismanagement, a gross15

waste of funds, abuse of authority, or a16

substantial and specific danger to public17

health or safety, or18

‘‘(iii) a false statement to Congress on19

an issue of material fact,20

if the disclosure is made to a member of a com-21

mittee of Congress having a primary respon-22

sibility for oversight of a department, agency,23

or element of the Federal Government to which24

the disclosed information relates, to any other25

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Member of Congress who is authorized to re-1

ceive information of the type disclosed, or to an2

employee of Congress who has the appropriate3

security clearance for access to the information4

disclosed;’’; and5

(2) by striking out the matter following para-6

graph (11).7

(b) DISSEMINATION OF INFORMATION ON NEW PRO-8

TECTION.—Not later than 30 days after the date of the9

enactment of this Act, the President shall—10

(1) take such action as is necessary to ensure11

that employees of the executive branch having access12

to classified information receive notice that the dis-13

closure of such information to Congress is not pro-14

hibited by law, executive order, or regulation, and is15

not otherwise contrary to public policy when the in-16

formation is disclosed under the circumstances de-17

scribed in subparagraph (C) of section 2302(b)(8) of18

title 5, United States Code (as added by subsection19

(a)); and20

(2) submit to Congress a report on the actions21

taken to carry out paragraph (1).22

(c) EFFECTIVE DATE AND APPLICABILITY.—The23

amendments made by subsection (a) shall take effect on24

October 1, 1998, and shall apply to a taking, failing to25

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take, or threat to take or fail to take a personnel action1

on or after such date because of a disclosure described2

in subparagraph (C) of section 2302(b)(8) of title 5,3

United States Code (as added by subsection (a)), that is4

made before, on, or after such date.5

(d) DISCLOSURES OF CLASSIFIED INFORMATION TO6

CONGRESS OR THE DEPARTMENT OF JUSTICE BY CON-7

TRACTOR EMPLOYEES.—It is the sense of Congress that8

the Inspector General of the Department of Defense9

should continue to exercise the authority provided in sec-10

tion 2409 of title 10, United States Code, regarding re-11

prisals for disclosures of classified information as well as12

reprisals for disclosures of unclassified information.13

SEC. 1069. APPLICABILITY OF CERTAIN PAY AUTHORITIES14

TO MEMBERS OF THE COMMISSION ON15

SERVICEMEMBERS AND VETERANS TRANSI-16

TION ASSISTANCE.17

(a) APPLICABILITY.—Section 705(a) of the Veterans’18

Benefits Improvements Act of 1996 (Public Law 104–275;19

110 Stat. 3349; 38 U.S.C. 545 note) is amended—20

(1) by inserting ‘‘(1)’’ before ‘‘Each member’’;21

and22


‘‘(2)(A) A member of the Commission who is an an-24

nuitant otherwise covered by section 8344 or 8468 of title25

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5, United States Code, by reason of membership on the1

Commission shall not be subject to the provisions of such2

section with respect to such membership.3

‘‘(B) A member of the Commission who is a member4

or former member of a uniformed service shall not be sub-5

ject to the provisions of subsections (b) and (c) of section6

5532 of such title with respect to membership on the Com-7

mission.’’.8


subsection (a) shall take effect as if included in the provi-10

sions of section 705(a) of the Veterans’ Benefits Improve-11

ments Act of 1996 to which such amendments relate.12

SEC. 1070. TRANSFER OF B–17 AIRCRAFT TO MUSEUM.13

(a) AUTHORITY.—The Secretary of the Air Force14

may convey to the Planes of Fame Museum, Chino, Cali-15

fornia (hereafter in this section referred to as the ‘‘mu-16

seum’’), all right, title, and interest of the United States17

in and to the B–17 aircraft known as the ‘‘Picadilly Lilly’’,18

an aircraft that has been in the possession of the museum19

since 1959. The Secretary of the Air Force shall determine20

the appropriate amount of consideration that is com-21

parable to the value of the aircraft.22

(b) CONDITION OF AIRCRAFT.—Before conveying23

ownership of the aircraft, the Secretary shall alter the air-24

craft as necessary to ensure that the aircraft does not have25

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any capability for use as a platform for launching or re-1

leasing munitions or any other combat capability that it2

was designed to have. The Secretary is not required to3

repair or alter the condition of the aircraft in any other4

way before conveying the ownership.5

(c) CONDITION FOR CONVEYANCE.—A conveyance of6

ownership of the aircraft under this section shall be sub-7

ject to the condition that the museum not convey any own-8

ership interest in, or transfer possession of, the aircraft9

to any other party without the advance approval of the10

Secretary of the Air Force.11

(d) REVERSION.—If the Secretary of the Air Force12

determines at any time that the museum has conveyed an13

ownership interest in, or transferred possession of, the air-14

craft to any other party without the advance approval of15

the Secretary, all right, title, and interest in and to the16

aircraft, including any repairs or alterations of the air-17

craft, shall revert to the United States, and the United18

States shall have the right of immediate possession of the19

aircraft.20

(e) ADDITIONAL TERMS AND CONDITIONS.—The21

Secretary of the Air Force may require such additional22

terms and conditions in connection with the conveyance23

under this section as the Secretary considers appropriate24

to protect the interests of the United States.25

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(f) CLARIFICATION OF LIABILITY.—Notwithstanding1

any other provision of law, the United States shall not2

be liable for any death, injury, loss, or damages that result3

from any use of the aircraft conveyed under this section4

by any person other than the United States after the con-5

veyance is complete.6

SEC. 1071. FIVE-YEAR EXTENSION OF AVIATION INSURANCE7

PROGRAM.8

(a) EXTENSION.—Section 44310 of title 49, United9

States Code, is amended by striking out ‘‘September 30,10


2002’’.12

(b) EFFECTIVE DATE.—This section shall take effect13

as of September 30, 1997.14

SEC. 1072. TREATMENT OF MILITARY FLIGHT OPERATIONS.15

No military flight operation (including a military16

training flight), or designation of airspace for such an op-17

eration, may be treated as a transportation program or18

project for purposes of section 303(c) of title 49, United19

States Code.20

SEC. 1073. NATURALIZATION OF FOREIGN NATIONALS WHO21

SERVED HONORABLY IN THE ARMED FORCES22

OF THE UNITED STATES.23

(a) IN GENERAL.—Section 329 of the Immigration24

and Nationality Act (8 U.S.C. 1440) is amended—25

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(1) in subsection (a)(1)—1

(A) by inserting ‘‘, reenlistment, extension2

of enlistment,’’ after ‘‘at the time of enlist-3

ment’’; and4

(B) by inserting ‘‘or on board a public ves-5

sel owned or operated by the United States for6

noncommercial service,’’ after ‘‘United States,7

the Canal Zone, American Samoa, or Swains Is-8

land,’’; and9


section:11

‘‘(d) WAIVER.—(1) For purposes of the naturaliza-12

tion of natives of the Philippines under section 405 of the13

Immigration Act of 1990 (8 U.S.C. 1440 note), notwith-14

standing any other provision of law—15

‘‘(A) the processing of applications for natu-16

ralization, filed in accordance with the provisions of17

Section 405 of the Immigration Act of 1990 (Public18

Law 101–649; 104 Stat. 5039), including necessary19

interviews, may be conducted in the Philippines by20

employees of the Service designated pursuant to sec-21

tion 335(b) of this Act; and22

‘‘(B) oaths of allegiance for applications under23

this subsection may be administered in the Phil-24

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ippines by employees of the Service designated pur-1

suant to section 335(b) of this Act.2

‘‘(2) Paragraph (1) shall be effective only during the3

period beginning February 3, 1996, and ending at the end4

of February 2, 2006.’’.5

(b) EFFECTIVE DATES.—The amendments made by6

subsection (a)(1) shall be effective for all enlistments, re-7

enlistments, extensions of enlistment, or inductions of per-8

sons occurring on or after January 1, 1990.9

SEC. 1074. DESIGNATION OF BOB HOPE AS HONORARY VET-10

ERAN.11


ings:13

(1) The United States has never in its more14

than 200 years of existence conferred honorary vet-15

eran status on any person.16

(2) Honorary veteran status is and should re-17

main an extraordinary honor not lightly conferred18

nor frequently granted.19

(3) It is fitting and proper to confer that status20

on Bob Hope.21

(4) Bob Hope attempted to enlist in the Armed22

Forces to serve his country during World War II but23

was informed that the greatest service he could pro-24

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vide his country was as a civilian entertainer for the1

troops.2

(5) Since then, Bob Hope has travelled to visit3

and entertain millions of members of the Armed4

Forces of the United States throughout World War5

II, the Korean Conflict, the Vietnam War, the Per-6

sian Gulf War, and the Cold War, in Europe, Africa,7

England, Wales, Ireland, Scotland, Sicily, the Aleu-8

tian Islands, Pearl Harbor, Kwajalein Island, Guam,9

Japan, Korea, Vietnam, Saudi Arabia, and many10

other locations.11

(6) Bob Hope frequently elected to stage his12

shows in forward combat areas.13

(7) Bob Hope richly deserves the more than14

100 awards and citations that he has received from15

government, military, and civic groups.16

(8) Those awards include the American Con-17

gressional Gold Medal, the Medal of Freedom, the18

People to People Award, the Peabody Award, the19

Jean Hersholdt Humanitarian Award, the Al Jolson20

Award of the Veterans of Foreign Wars, the Medal21

of Liberty, and the Distinguished Service Medals of22

each of the Armed Forces.23

(9) Bob Hope has given unselfishly of himself24

for over half a century to be with American service25

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members on foreign shores, has worked tirelessly to1

bring a spirit of humor and cheer to millions of mili-2

tary members during their loneliest moments, and3

has, thereby, extended to them for the American4

people a touch of home away from home.5

(b) HONORARY DESIGNATION.—The elected rep-6

resentatives of the American people, expressing the grati-7

tude of the American people to Bob Hope for his years8

of unselfish service to the members of the Armed Forces9

of the United States, designate Bob Hope as an honorary10

veteran of the Armed Forces of the United States.11

SEC. 1075. CRIMINAL PROHIBITION ON THE DISTRIBUTION12

OF CERTAIN INFORMATION RELATING TO EX-13

PLOSIVES, DESTRUCTIVE DEVICES, AND14

WEAPONS OF MASS DESTRUCTION.15

(a) UNLAWFUL CONDUCT.—Section 842 of title 18,16


following:18

‘‘(l) DISTRIBUTION OF INFORMATION RELATING TO19

EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF20

MASS DESTRUCTION.—21

‘‘(1) DEFINITIONS.—In this subsection—22

‘‘(A) the term ‘destructive device’ has the23

same meaning as in section 921(a)(4);24

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‘‘(B) the term ‘explosive’ has the same1

meaning as in section 844(j); and2

‘‘(C) the term ‘weapon of mass destruc-3

tion’ has the same meaning as in section4

2332a(c)(2).5

‘‘(2) PROHIBITION.—It shall be unlawful for6

any person—7

‘‘(A) to teach or demonstrate the making8

or use of an explosive, a destructive device, or9

a weapon of mass destruction, or to distribute10

by any means information pertaining to, in11

whole or in part, the manufacture or use of an12

explosive, destructive device, or weapon of mass13

destruction, with the intention that the teach-14

ing, demonstration, or information be used for,15

or in furtherance of, an activity that constitutes16

a Federal criminal offense or a State or local17

criminal offense affecting interstate commerce;18

or19

‘‘(B) to teach or demonstrate to any per-20

son the making or use of an explosive, a de-21

structive device, or a weapon of mass destruc-22

tion, or to distribute to any person, by any23

means, information pertaining to, in whole or in24

part, the manufacture or use of an explosive,25

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destructive device, or weapon of mass destruc-1

tion, knowing that such person intends to use2

the teaching, demonstration, or information for,3

or in furtherance of, an activity that constitutes4

a Federal criminal offense or a State or local5

criminal offense affecting interstate com-6

merce.’’.7

(b) PENALTIES.—Section 844 of title 18, United8


(1) in subsection (a), by striking ‘‘person who10

violates subsections’’ and inserting the following:11

‘‘person who—12

‘‘(1) violations subsections’’;13

(2) by striking the period at the end and insert-14

ing ‘‘; and’’; and15


‘‘(2) violates subsection (l)(2) of section 842 of17

this chapter, shall be fined under this title, impris-18

oned not more than 20 years, or both.’’; and19

(2) in subsection (j), by striking ‘‘and (i)’’ and20

inserting ‘‘(i), and (l)’’.21

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SEC. 1076. PROHIBITION ON PROVISION OF BURIAL BENE-1

FITS TO INDIVIDUALS CONVICTED OF FED-2

ERAL CAPITAL OFFENSES.3

Notwithstanding any other provision of law, an indi-4

vidual convicted of a capital offense under Federal law5

shall not be entitled to the following:6

(1) Interment or inurnment in Arlington Na-7

tional Cemetery, the Soldiers’ and Airmen’s National8

Cemetery, any cemetery in the National Cemetery9

System, or any other cemetery administered by the10

Secretary of a military department or by the Sec-11

retary of Veterans Affairs.12

(2) Any other burial benefit under Federal law.13

SEC. 1077. NATIONAL POW/MIA RECOGNITION DAY.14


ings:16

(1) The United States has fought in many17

wars, and thousands of Americans who served in18

those wars were captured by the enemy or listed as19

missing in action.20

(2) Many of these Americans are still missing21

and unaccounted for, and the uncertainty surround-22

ing their fates has caused their families to suffer23

tragic and continuing hardships.24

(3) As a symbol of the Nation’s concern and25

commitment to accounting as fully as possible for all26

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Americans still held prisoner, missing, or unac-1

counted for by reason of their service in the Armed2

Forces and to honor the Americans who in future3

wars may be captured or listed as missing or unac-4

counted for, Congress has officially recognized the5

National League of Families POW/MIA flag.6

(4) The American people observe and honor7

with appropriate ceremony and activity the third8

Friday of September each year as National POW/9

MIA Recognition Day.10

(b) DISPLAY OF POW/MIA FLAG.—The POW/MIA11

flag shall be displayed on Armed Forces Day, Memorial12

Day, Flag Day, Independence Day, Veterans Day, Na-13

tional POW/MIA Recognition Day, and on the last busi-14

ness day before each of the preceding holidays, on the15

grounds or in the public lobbies of—16

(1) major military installations (as designated17

by the Secretary of Defense);18

(2) Federal national cemeteries;19

(3) the National Korean War Veterans Memo-20

rial;21

(4) the National Vietnam Veterans Memorial;22

(5) the White House;23

(6) the official office of the—24

(A) Secretary of State;25

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(B) Secretary of Defense;1

(C) Secretary of Veterans Affairs; and2

(D) Director of the Selective Service Sys-3

tem; and4

(7) United States Postal Service post offices.5

(c) POW/MIA FLAG DEFINED.—In this section, the6

term ‘‘POW/MIA flag’’ means the National League of7

Families POW/MIA flag recognized and designated by sec-8

tion 2 of Public Law 101–355 (104 Stat. 416).9

(d) REGULATIONS.—Not later than 180 days after10

the date of enactment of this Act, the agency or depart-11

ment responsible for a location listed in subsection (b)12

shall prescribe any regulation necessary to carry out this13

section.14

(e) REPEAL OF PROVISION RELATING TO DISPLAY15

OF POW/MIA FLAG.—Section 1084 of the National De-16

fense Authorization Act for Fiscal Years 1992 and 199317

(36 U.S.C. 189 note, Public Law 102–190) is repealed.18

SEC. 1078. DONATION OF EXCESS ARMY CHAPEL PROPERTY19

TO CHURCHES DAMAGED OR DESTROYED BY20

ARSON OR OTHER ACTS OF TERRORISM.21

(a) AUTHORITY.—Notwithstanding any other provi-22

sion of law, the Secretary of the Army may donate prop-23

erty described in subsection (b) to an organization de-24

scribed in section 501(c)(3) of the Internal Revenue Code25

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of 1986 that is a religious organization in order to assist1

the organization in restoring or replacing property of the2

organization that has been damaged or destroyed as a re-3

sult of an act of arson or terrorism, as determined pursu-4

ant to procedures prescribed by the Secretary.5

(b) PROPERTY COVERED.—The property authorized6

to be donated under subsection (a) is furniture and other7

property that is in, or formerly in, chapels closed or being8

closed and is determined as being excess to the require-9

ments of the Army. No real property may be donated10

under this section.11

(c) DONEES NOT TO BE CHARGED.—No charge may12

be imposed by the Secretary on a donee of property under13

this section in connection with the donation. However, the14

donee shall defray any expense for shipping or other trans-15

portation of property donated under this section from the16

location of the property when donated to any other loca-17

tion.18

SEC. 1079. REPORT ON THE COMMAND SELECTION PROC-19

ESS FOR DISTRICT ENGINEERS OF THE ARMY20

CORPS OF ENGINEERS.21

(a) FINDINGS.—Congress finds that—22

(1) the Army Corps of Engineers—23

(A) has served the United States since the24

establishment of the Corps in 1802;25

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(B) has provided unmatched combat engi-1

neering services to the Armed Forces and the2

allies of the United States, both in times of war3

and in times of peace;4

(C) has brilliantly fulfilled its domestic5

mission of planning, designing, building, and6

operating civil works and other water resources7

projects;8

(D) must remain constantly ready to carry9

out its wartime mission while simultaneously10

carrying out its domestic civil works mission;11

and12

(E) continues to provide the United States13

with these services in projects of previously un-14

known complexity and magnitude, such as the15

Everglades Restoration Project and the Louisi-16

ana Wetlands Restoration Project;17

(2) the duration and complexity of these18

projects present unique management and leadership19

challenges to the Army Corps of Engineers;20

(3) the effective management of these projects21

is the primary responsibility of the District Engi-22

neer;23

(4) District Engineers serve in that position for24

a term of 2 years and may have their term extended25

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for a third year on the recommendation of the Chief1

of Engineers; and2

(5) the effectiveness of the leadership and man-3

agement of major Army Corps of Engineers projects4

may be enhanced if the timing of District Engineer5

reassignments were phased to coincide with the6

major phases of the projects.7

(b) REPORT.—Not later than March 31, 1998, the8

Secretary of Defense shall submit a report to Congress9

that contains—10

(1) an identification of each major Army Corps11

of Engineers project that—12

(A) is being carried out by each District13

Engineer as of the date of the report; or14

(B) is being planned by each District En-15

gineer to be carried out during the 5-year pe-16

riod beginning on the date of the report;17

(2) the expected start and completion dates,18

during that period, for each major phase of each19

project identified under paragraph (1);20

(3) the expected dates for leadership changes in21

each Army Corps of Engineers District during that22

period;23

(4) a plan for optimizing the timing of leader-24

ship changes so that there is minimal disruption to25

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major phases of major Army Corps of Engineers1

projects; and2

(5) a review of the impact on the Army Corps3

of Engineers, and on the mission of each District, of4

allowing major command tours of District Engineers5

to be of 2 to 4 years in duration, with the selection6

of the exact timing of the change of command to be7

at the discretion of the Chief of Engineers who shall8

act with the goal of optimizing the timing of each9

change so that it has minimal disruption on the mis-10

sion of the District Engineer.11

SEC. 1080. GAO STUDY ON CERTAIN COMPUTERS.12

(a) IN GENERAL.—The Comptroller General of the13

United States shall conduct a study of the national secu-14

rity risks relating to the sale of computers with composite15

theoretical performance of between 2,000 and 7,000 mil-16

lion theoretical operations per second to end-users in Tier17

3 countries. The study shall also analyze any foreign avail-18

ability of computers described in the preceding sentence19

and the impact of such sales on United States exporters.20

(b) PUBLICATION OF END-USER LIST.—The Sec-21

retary of Commerce shall publish in the Federal Register22

a list of military and nuclear end-users of the computers23

described in subsection (a), except any end-user with re-24

spect to whom there is an administrative finding that such25

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publication would jeopardize the user’s sources and meth-1

ods.2

(c) END-USER ASSISTANCE TO EXPORTERS.—The3

Secretary of Commerce shall establish a procedure by4

which exporters may seek information on questionable5

end-users.6

(d) DEFINITION OF TIER 3 COUNTRY.—For purposes7

of this section, the term ‘‘Tier 3 country’’ has the meaning8

given such term in section 740.7 of title 15, Code of Fed-9

eral Regulations.10

SEC. 1081. CLAIMS BY MEMBERS OF THE ARMED FORCES11

FOR LOSS OF PERSONAL PROPERTY DUE TO12

FLOODING IN THE RED RIVER BASIN.13

(a) FINDINGS.—Congress makes the following14

findings:15

(1) The flooding that occurred in the portion of16

the Red River Basin encompassing East Grand17

Forks, Minnesota, and Grand Forks, North Dakota,18

during April and May 1997 is the worst flooding to19

occur in that region in the last 500 years.20

(2) Over 700 military personnel stationed in the21

vicinity of Grand Forks Air Force Base reside in22

that portion of the Red River Basin.23

(3) The military personnel stationed in the vi-24

cinity of Grand Forks Air Force Base have been sta-25

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tioned there entirely for the convenience of the1

Government.2

(4) There is insufficient military family housing3

at Grand Forks Air Force Base for all of those mili-4

tary personnel, and the available off-base housing is5

almost entirely within the areas adversely affected6

by the flood.7

(5) Many of the military personnel have suf-8

fered catastrophic losses, including total losses of9

personal property by some of the personnel.10

(6) It is vital to the national security interests11

of the United States that the military personnel ad-12

versely affected by the flood recover as quickly and13

completely as possible.14

(b) AUTHORIZATION.—The Secretary of the military15

department concerned may pay claims for loss and dam-16

age to personal property suffered as a direct result of the17

flooding in the Red River Basin during April and May18

1997, by members of the Armed Forces residing in the19

vicinity of Grand Forks Air Force Base, North Dakota,20

without regard to the provisions of section 3721(e) of title21


SEC. 1082. DEFENSE BURDENSHARING.23

(a) EFFORTS TO INCREASE ALLIED24

BURDENSHARING.—The President shall seek to have each25

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nation that has cooperative military relations with the1

United States (including security agreements, basing ar-2

rangements, or mutual participation in multinational mili-3

tary organizations or operations) take one or more of the4

following actions:5

(1) For any nation in which United States mili-6

tary personnel are assigned to permanent duty7

ashore, increase its financial contributions to the8

payment of the nonpersonnel costs incurred by the9

United States Government for stationing United10

States military personnel in that nation, with a goal11

of achieving by September 30, 2000, 75 percent of12

such costs. An increase in financial contributions by13

any nation under this paragraph may include the14

elimination of taxes, fees, or other charges levied on15

United States military personnel, equipment, or fa-16

cilities stationed in that nation.17

(2) Increase its annual budgetary outlays for18

national defense as a percentage of its gross domes-19

tic product by 10 percent or at least to a level com-20

mensurate to that of the United States by Septem-21

ber 30, 1998.22

(3) Increase its annual budgetary outlays for23

foreign assistance (to promote democratization, eco-24

nomic stabilization, transparency arrangements, de-25

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fense economic conversion, respect for the rule of1

law, and internationally recognized human rights) by2

10 percent or at least to a level commensurate to3

that of the United States by September 30, 1998.4

(4) Increase the amount of military assets (in-5

cluding personnel, equipment, logistics, support and6

other resources) that it contributes, or would be pre-7

pared to contribute, to multinational military activi-8

ties worldwide.9

(b) AUTHORITIES TO ENCOURAGE ACTIONS BY10

UNITED STATES ALLIES.—In seeking the actions de-11

scribed in subsection (a) with respect to any nation, or12

in response to a failure by any nation to undertake one13

or more of such actions, the President may take any of14

the following measures to the extent otherwise authorized15

by law:16

(1) Reduce the end strength level of members17

of the Armed Forces assigned to permanent duty18

ashore in that nation.19

(2) Impose on that nation fees or other charges20

similar to those that such nation imposes on United21

States forces stationed in that nation.22

(3) Reduce (through rescission, impoundment,23

or other appropriate procedures as authorized by24

law) the amount the United States contributes to25

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the NATO Civil Budget, Military Budget, or Secu-1

rity Investment Program.2

(4) Suspend, modify, or terminate any bilateral3

security agreement the United States has with that4

nation, consistent with the terms of such agreement.5

(5) Reduce (through rescission, impoundment6

or other appropriate procedures as authorized by7

law) any United States bilateral assistance appro-8

priated for that nation.9

(6) Take any other action the President deter-10

mines to be appropriate as authorized by law.11

(c) REPORT ON PROGRESS IN INCREASING ALLIED12

BURDENSHARING.—Not later than March 1, 1998, the13

Secretary of Defense shall submit to Congress a report14

on—15

(1) steps taken by other nations to complete the16

actions described in subsection (a);17

(2) all measures taken by the President, includ-18

ing those authorized in subsection (b), to achieve the19

actions described in subsection (a);20

(3) the difference between the amount allocated21

by other nations for each of the actions described in22

subsection (a) during the period beginning on March23

1, 1996, and ending on February 28, 1997, and dur-24

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ing the period beginning on March 1, 1997, and1

ending on February 28, 1998; and2

(4) the budgetary savings to the United States3

that are expected to accrue as a result of the steps4

described under paragraph (1).5

(d) REPORT ON NATIONAL SECURITY BASES FOR6

FORWARD DEPLOYMENT AND BURDENSHARING RELA-7

TIONSHIPS.—(1) In order to ensure the best allocation of8

budgetary resources, the President shall undertake a re-9

view of the status of elements of the United States Armed10

Forces that are permanently stationed outside the United11

States. The review shall include an assessment of the fol-12

lowing:13

(A) The alliance requirements that are to be14

found in agreements between the United States and15

other countries.16

(B) The national security interests that support17

permanently stationing elements of the United18

States Armed Forces outside the United States.19

(C) The stationing costs associated with the20

forward deployment of elements of the United States21

Armed Forces.22

(D) The alternatives available to forward de-23

ployment (such as material prepositioning, enhanced24

airlift and sealift, or joint training operations) to25

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meet such alliance requirements or national security1

interests, with such alternatives identified and de-2

scribed in detail.3

(E) The costs and force structure configura-4

tions associated with such alternatives to forward5

deployment.6

(F) The financial contributions that allies of7

the United States make to common defense efforts8

(to promote democratization, economic stabilization,9

transparency arrangements, defense economic con-10

version, respect for the rule of law, and internation-11

ally recognized human rights).12

(G) The contributions that allies of the United13

States make to meeting the stationing costs associ-14

ated with the forward deployment of elements of the15

United States Armed Forces.16

(H) The annual expenditures of the United17

States and its allies on national defense, and the rel-18

ative percentages of each nation’s gross domestic19

product constituted by those expenditures.20

(2) The President shall submit to Congress a report21

on the review under paragraph (1). The report shall be22

submitted not later than March 1, 1998, in classified and23

unclassified form.24

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SEC. 1083. SENSE OF THE SENATE REGARDING A FOLLOW-1

ON FORCE FOR BOSNIA.2

(a) The Senate finds the following:3

(1) United States military forces were deployed4

to Bosnia as members of the North Atlantic Treaty5

Organization (NATO) Implementation Forces6

(IFOR) to implement the military aspects of the7

Dayton Agreement.8

(2) The military aspects of the Dayton Agree-9

ment were being successfully implemented.10

(3) Following the recommendation of the Sec-11

retary General of the North Atlantic Treaty Organi-12

zation on December 11, 1996, to extend the pres-13

ence of NATO forces in Bosnia until June 1998 so14

that progress could be achieved in implementing the15

civil aspects of the Dayton Agreement, the President16

announced his decision to extend the presence of17

United States forces in Bosnia to participate in the18

NATO Stabilization Force (SFOR) until June 1998.19

(4) The cost of United States participation in20

operations in Bosnia from 1992 through June 199821

is estimated to exceed $7,000,000,000.22

(5) The President and the Secretary of Defense23

have stated that United States forces are to be with-24

drawn from Bosnia by June 1998.25

(b) It is the sense of Congress that—26

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(1) United States ground combat forces should1

not participate in a follow-on force in Bosnia and2

Herzegovina after June 1998;3

(2) the European Security and Defense Iden-4

tity, which, as facilitated by the Combined Joint5

Task Forces concept, enables the Western European6

Union, with the consent of the North Atlantic Alli-7

ance, to assume political control and strategic direc-8

tion of NATO assets made available by the Alliance,9

is an ideal instrument for a follow-on force for Bos-10

nia and Herzegovina;11

(3) if the European Security and Defense Iden-12

tity is not sufficiently developed or is otherwise13

deemed inappropriate for such a mission, a NATO-14

led force without the participation of United States15

ground combat forces in Bosnia, may be suitable for16

a follow-on force for Bosnia and Herzegovina;17

(4) the United States may decide to appro-18

priately provide support to a Western European19

Union-led or NATO-led follow-on force, including20

command and control, intelligence, logistics, and, if21

necessary, a ready reserve force in the region;22

(5) the President should inform our European23

NATO allies of this expression of the sense of Con-24

gress and should strongly urge them to undertake25

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preparations for a Western European Union-led or1

NATO-led force as a follow-on force to the NATO-2

led Stabilization Force if needed to maintain peace3

and stability in Bosnia and Herzegovina; and4

(6) the President should consult with the Con-5

gress with respect to any support to be provided to6

a Western European Union-led or NATO-led follow-7

on force in Bosnia after June 1998.8

SEC. 1084. ADVICE TO THE PRESIDENT AND CONGRESS RE-9

GARDING THE SAFETY, SECURITY, AND RELI-10

ABILITY OF UNITED STATES NUCLEAR WEAP-11

ONS STOCKPILE.12


ings:14

(1) Nuclear weapons are the most destructive15

weapons on earth. The United States and its allies16

continue to rely on nuclear weapons to deter poten-17

tial adversaries from using weapons of mass destruc-18

tion. The safety and reliability of the nuclear stock-19

pile are essential to ensure its credibility as a deter-20

rent.21

(2) On September 24, 1996, President Clinton22

signed the Comprehensive Test Ban Treaty.23

(3) Effective as of September 30, 1996, the24

United States is prohibited by section 507 of the25

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Energy and Water Development Appropriations Act,1

1993 (Public Law 102–377; 42 U.S.C. 2121 note)2

from conducting underground nuclear tests ‘‘unless3

a foreign state conducts a nuclear test after this4

date, at which time the prohibition on United States5

nuclear testing is lifted’’.6

(4) Section 1436(b) of the National Defense7

Authorization Act, Fiscal Year 1989 (Public Law8

100–456; 42 U.S.C. 2121 note) requires the Sec-9

retary of Energy to ‘‘establish and support a pro-10

gram to assure that the United States is in a posi-11

tion to maintain the reliability, safety, and continued12

deterrent effect of its stockpile of existing nuclear13

weapons designs in the event that a low-threshold or14

comprehensive test ban on nuclear explosive testing15

is negotiated and ratified.’’.16

(5) Section 3138(d) of the National Defense17

Authorization Act for Fiscal Year 1994 (Public Law18

103–160; 42 U.S.C. 2121 note) requires the Presi-19

dent to submit an annual report to Congress which20

sets forth ‘‘any concerns with respect to the safety,21

security, effectiveness, or reliability of existing22

United States nuclear weapons raised by the Stock-23

pile Stewardship Program of the Department of En-24

ergy’’.25

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(6) President Clinton declared in July 19931

that ‘‘to assure that our nuclear deterrent remains2

unquestioned under a test ban, we will explore other3

means of maintaining our confidence in the safety,4

reliability, and the performance of our weapons’’.5

This decision was codified in a Presidential Direc-6

tive.7

(7) Section 3138 of the National Defense Au-8

thorization Act for Fiscal Year 1994 also requires9

that the Secretary of Energy establish a ‘‘steward-10

ship program to ensure the preservation of the core11

intellectual and technical competencies of the United12

States in nuclear weapons’’.13

(8) The plan of the Department of Energy to14

maintain the safety and reliability of the United15

States nuclear stockpile is known as the Stockpile16

Stewardship and Management Program. The ability17

of the United States to maintain warheads without18

testing will require development of new and sophisti-19

cated diagnostic technologies, methods, and proce-20

dures. Current diagnostic technologies and labora-21

tory testing techniques are insufficient to certify the22

future safety and reliability of the United States nu-23

clear stockpile. In the past these laboratory and di-24

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agnostic tools were used in conjunction with nuclear1

testing.2

(9) On August 11, 1995, President Clinton di-3

rected ‘‘the establishment of a new annual reporting4

and certification requirement [to] ensure that our5

nuclear weapons remain safe and reliable under a6

comprehensive test ban’’.7

(10) On the same day, the President noted that8

the Secretary of Defense and the Secretary of En-9

ergy have the responsibility, after being ‘‘advised by10

the Nuclear Weapons Council, the Directors of11

DOE’s nuclear weapons laboratories, and the Com-12

mander of United States Strategic Command’’, to13

provide the President with the information to make14

the certification referred to in paragraph (9).15

(11) The Joint Nuclear Weapons Council estab-16

lished by section 179 of title 10, United States Code,17

is responsible for providing advice to the Secretary18

of Energy and Secretary of Defense regarding nu-19

clear weapons issues, including ‘‘considering safety,20

security, and control issues for existing weapons’’.21

The Council plays a critical role in advising Con-22

gress in matters relating to nuclear weapons.23

(12) It is essential that the President receive24

well-informed, objective, and honest opinions from25

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his advisors and technical experts regarding the1

safety, security, and reliability of the nuclear weap-2

ons stockpile.3

(b) POLICY.—4

(1) IN GENERAL.—It is the policy of the United5

States—6

(A) to maintain a safe, secure, and reliable7

nuclear weapons stockpile; and8

(B) as long as other nations covet or con-9

trol nuclear weapons or other weapons of mass10

destruction, to retain a credible nuclear deter-11

rent.12

(2) NUCLEAR WEAPONS STOCKPILE.—It is in13

the security interest of the United States to sustain14

the United States nuclear weapons stockpile through15

programs relating to stockpile stewardship, subcriti-16

cal experiments, maintenance of the weapons labora-17

tories, and protection of the infrastructure of the18

weapons complex.19

(3) SENSE OF CONGRESS.—It is the sense of20

Congress that—21

(A) the United States should retain a triad22

of strategic nuclear forces sufficient to deter23

any future hostile foreign leadership with access24

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to strategic nuclear forces from acting against1

our vital interests;2

(B) the United States should continue to3

maintain nuclear forces of sufficient size and4

capability to hold at risk a broad range of as-5

sets valued by such political and military lead-6

ers; and7

(C) the advice of the persons required to8

provide the President and Congress with assur-9

ances of the safety, security and reliability of10

the nuclear weapons force should be scientif-11

ically based, without regard for politics, and of12

the highest quality and integrity.13

(c) ADVICE AND OPINIONS REGARDING NUCLEAR14

WEAPONS STOCKPILE.—Any director of a nuclear weap-15

ons laboratory or member of the Joint Nuclear Weapons16

Council, or the Commander of United States Strategic17

Command, may submit to the President or Congress ad-18

vice or opinion in disagreement with, or in addition to,19

the advice presented by the Secretary of Energy or Sec-20

retary of Defense to the President, the National Security21

Council, or Congress, as the case may be, regarding the22

safety, security, and reliability of the nuclear weapons23

stockpile.24

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(d) EXPRESSION OF INDIVIDUAL VIEWS.—A rep-1

resentative of the President may not take any action2

against, or otherwise constrain, a director of a nuclear3

weapons laboratory, a member of the Joint Nuclear Weap-4

ons Council, or the Commander of United States Strategic5

Command for presenting individual views to the President,6

the National Security Council, or Congress regarding the7

safety, security, and reliability of the nuclear weapons8

stockpile.9

(e) DEFINITIONS.—10

(1) REPRESENTATIVE OF THE PRESIDENT.—11

The term ‘‘representative of the President’’ means12

the following:13

(A) Any official of the Department of De-14

fense, the Department of Energy who is ap-15

pointed by the President and confirmed by the16

Senate.17

(B) Any member of the National Security18

Council.19

(C) Any member of the Joint Chiefs of20

Staff.21

(D) Any official of the Office of Manage-22

ment and Budget.23

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(2) NUCLEAR WEAPONS LABORATORY.—The1

term ‘‘nuclear weapons laboratory’’ means any of2

the following:3

(A) Los Alamos National Laboratory.4

(B) Livermore National Laboratory.5

(C) Sandia National Laboratories.6

SEC. 1085. LIMITATION ON USE OF COOPERATIVE THREAT7

REDUCTION FUNDS FOR DESTRUCTION OF8

CHEMICAL WEAPONS.9

(a) LIMITATION.—No funds authorized to be appro-10

priated under this or any other Act for fiscal year 199811

for Cooperative Threat Reduction programs may be obli-12

gated or expended for chemical weapons destruction activi-13

ties, including for the planning, design, or construction of14

a chemical weapons destruction facility or for the dis-15

mantlement of an existing chemical weapons production16

facility, until the President submits to Congress a written17

certification under subsection (b).18

(b) PRESIDENTIAL CERTIFICATION.—A certification19

under this subsection is either of the following certifi-20

cations:21

(1) A certification that—22

(A) Russia is making reasonable progress23

toward the implementation of the Bilateral De-24

struction Agreement;25

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(B) the United States and Russia have1

made substantial progress toward the resolu-2

tion, to the satisfaction of the United States, of3

outstanding compliance issues under the Wyo-4

ming Memorandum of Understanding and the5

Bilateral Destruction Agreement; and6

(C) Russia has fully and accurately de-7

clared all information regarding its unitary and8

binary chemical weapons, chemical weapons fa-9

cilities, and other facilities associated with10

chemical weapons.11

(2) A certification that the national security in-12

terests of the United States could be undermined by13

a United States policy not to carry out chemical14

weapons destruction activities under the Cooperative15

Threat Reduction programs for which funds are au-16

thorized to be appropriated under this or any other17

Act for fiscal year 1998.18

(c) DEFINITIONS.—In this section:19

(1) The term ‘‘Bilateral Destruction Agree-20

ment’’ means the Agreement Between the United21

States of America and the Union of Soviet Socialist22

Republics on Destruction and Nonproduction of23

Chemical Weapons and on Measures to Facilitate24

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the Multilateral Convention on Banning Chemical1

Weapons, signed on June 1, 1990.2

(2) The term ‘‘Chemical Weapons Convention’’3

means the Convention on the Prohibition of the De-4

velopment, Production, Stockpiling and Use of5

Chemical Weapons and on Their Destruction,6

opened for signature on January 13, 1993.7

(3) The term ‘‘Cooperative Threat Reduction8

program’’ means a program specified in section9

1501(b) of the National Defense Authorization Act10

for Fiscal Year 1997 (Public Law 104–201: 11011

Stat. 2731; 50 U.S.C. 2362 note).12

(4) The term ‘‘Wyoming Memorandum of Un-13

derstanding’’ means the Memorandum of Under-14

standing Between the Government of the United15

States of America and the Government of the Union16

of Soviet Socialist Republics Regarding a Bilateral17

Verification Experiment and Data Exchange Related18

to Prohibition on Chemical Weapons, signed at19

Jackson Hole, Wyoming, on September 23, 1989.20

SEC. 1086. RESTRICTIONS ON USE OF HUMANS AS EXPERI-21

MENTAL SUBJECTS IN BIOLOGICAL AND22

CHEMICAL WEAPONS RESEARCH.23

(a) PROHIBITED ACTIVITIES.—No officer or em-24

ployee of the United States may, directly or by contract—25

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(1) conduct any test or experiment involving the1

use of any chemical or biological agent on a civilian2

population; or3

(2) otherwise conduct any testing of biological4

or chemical agents on human subjects.5

(b) INAPPLICABILITY TO CERTAIN ACTIONS.—The6

prohibition in subsection (a) does not apply to any action7

carried out for any of the following purposes:8

(1) Any peaceful purpose that is related to a9

medical, therapeutic, pharmaceutical, agricultural,10

industrial, research, or other activity.11

(2) Any purpose that is directly related to pro-12

tection against toxic chemicals and to protection13

against chemical or biological weapons.14

(3) Any military purpose of the United States15

that is not connected with the use of a chemical16

weapon and is not dependent on the use of the toxic17

or poisonous properties of the chemical weapon to18

cause death or other harm.19

(4) Any law enforcement purpose, including any20

domestic riot control purpose and any imposition of21

capital punishment.22

(c) BIOLOGICAL AGENT DEFINED.—In this section,23

the term ‘‘biological agent’’ means any micro-organism24

(including bacteria, viruses, fungi, rickettsiac, or proto-25

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zoa), pathogen, or infectious substance, and any naturally1

occurring, bioengineered, or synthesized component of any2

such micro-organism, pathogen, or infectious substance,3

whatever its origin or method of production, that is capa-4

ble of causing—5

(1) death, disease, or other biological malfunc-6

tion in a human, an animal, a plant, or another liv-7

ing organism;8

(2) deterioration of food, water, equipment,9

supplies, or materials of any kind; or10

(3) deleterious alteration of the environment.11

(d) REPORT AND CERTIFICATION.—Section 1703(b)12


1994 (50 U.S.C. 1523(b)) is amended by adding at the14


‘‘(9) A description of any program involving the16

testing of biological or chemical agents on human17

subjects that was carried out by the Department of18

Defense during the period covered by the report, to-19

gether with a detailed justification for the testing, a20

detailed explanation of the purposes of the testing,21

the chemical or biological agents tested, and the Sec-22

retary’s certification that informed consent to the23

testing was obtained from each human subject in ad-24

vance of the testing on that subject.’’.25

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(e) REPEAL OF DUPLICATIVE, SUPERSEDED, AND1

EXECUTED LAWS.—Section 808 of the Department of De-2

fense Appropriation Authorization Act, 1978 (50 U.S.C.3

1520) is repealed.4

SEC. 1087. SENSE OF THE SENATE REGARDING EXPANSION5

OF THE NORTH ATLANTIC TREATY ORGANI-6

ZATION.7

(a) FINDINGS.—The Senate makes the following8

findings:9

(1) The North Atlantic Treaty Organization10

(NATO) met on July 8 and 9, 1997, in Madrid,11

Spain, and issued invitations to the Czech Republic,12

Hungary, and Poland to begin accession talks to join13

NATO.14

(2) Congress has expressed its support for the15

process of NATO enlargement by approving the16

NATO Enlargement Facilitation Act of 1996 (Pub-17

lic Law 104–208; 22 U.S.C. 1928 note) by a vote18

of 81–16 in the Senate, and 353–65 in the House19

of Representatives.20

(3) The United States has assured that the21

process of enlarging NATO will continue after the22

first round of invitations in July.23

(4) Romania and Slovenia are to be commended24

for their progress toward political and economic re-25

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form and meeting the guidelines for prospective1

membership in NATO.2

(5) In furthering the purpose and objective of3

NATO in promoting stability and well-being in the4

North Atlantic area, NATO should invite Romania,5

Slovenia, and any other democratic states of Central6

and Eastern Europe to accession negotiations to be-7

come NATO members as expeditiously as possible8

upon the satisfaction of all relevant membership cri-9

teria.10

(b) SENSE OF THE SENATE.—It is the sense of the11

Senate that NATO should be commended—12

(1) for having committed to review the process13

of enlarging NATO at the next NATO summit in14

1999; and15

(2) for singling out the positive developments16

toward democracy and rule of law in Romania and17

Slovenia.18

SEC. 1088. SECURITY, FIRE PROTECTION, AND OTHER19

SERVICES AT PROPERTY FORMERLY ASSOCI-20

ATED WITH RED RIVER ARMY DEPOT, TEXAS.21

(a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)22

The Secretary of the Army may enter into an agreement23

with the local redevelopment authority for Red River Army24

Depot, Texas, under which agreement the Secretary pro-25

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vides security services, fire protection services, or hazard-1

ous material response services for the authority with re-2

spect to the property at the depot that is under the juris-3

diction of the authority as a result of the realignment of4

the depot under the base closure laws.5

(2) The Secretary may not enter into the agreement6

unless the Secretary determines that the provision of serv-7

ices under the agreement is in the best interests of the8

United States.9

(3) The agreement shall provide for reimbursing the10

Secretary for the services provided by the Secretary under11

the agreement.12

(b) TREATMENT OF REIMBURSEMENT.—Any13

amounts received by the Secretary under the agreement14

under subsection (a) shall be credited to the appropria-15

tions providing funds for the services concerned. Amounts16

so credited shall be merged with the appropriations to17

which credited and shall be available for the purposes, and18

subject to the conditions and limitations, for which such19

appropriations are available.20

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SEC. 1089. AUTHORITY OF THE SECRETARY OF DEFENSE1

CONCERNING DISPOSAL OF ASSETS UNDER2

COOPERATIVE AGREEMENTS ON AIR DE-3

FENSE IN CENTRAL EUROPE.4

(a) GENERAL AUTHORITIES.—The Secretary of De-5

fense, pursuant to an amendment or amendments to the6

European air defense agreements, may dispose of any de-7

fense articles owned by the United States and acquired8

to carry out such agreements by providing such articles9

to the Federal Republic of Germany. In carrying out such10

disposal, the Secretary—11

(1) may provide without monetary charge to the12

Federal Republic of Germany articles specified in13

the agreements; and14

(2) may accept from the Federal Republic of15

Germany (in exchange for the articles provided16

under paragraph (1)) articles, services, or any other17

consideration, as determined appropriate by the Sec-18

retary.19

(b) DEFINITION OF EUROPEAN AIR DEFENSE20

AGREEMENTS.—For the purposes of this section, the term21

‘‘European air defense agreements’’ means—22

(1) the agreement entitled ‘‘Agreement between23

the Secretary of Defense of the United States of24

America and the Minister of Defense of the Federal25

Republic of Germany on Cooperative Measures for26

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Enhancing Air Defense for Central Europe’’, signed1

on December 6, 1983; and2

(2) the agreement entitled ‘‘Agreement between3

the Secretary of Defense of the United States of4

America and the Minister of Defense of the Federal5

Republic of Germany in implementation of the 6 De-6

cember 1983 Agreement on Cooperative Measures7

for Enhancing Air Defense for Central Europe’’,8

signed on July 12, 1984.9

SEC. 1090. RESTRICTIONS ON QUANTITIES OF ALCOHOLIC10

BEVERAGES AVAILABLE FOR PERSONNEL11

OVERSEAS THROUGH DEPARTMENT OF DE-12

FENSE SOURCES.13

(a) REGULATIONS REQUIRED.—The Secretary of De-14

fense shall prescribe regulations relative to the quantity15

of alcoholic beverages that is available outside the United16

States through Department of Defense sources, including17

nonappropriated fund instrumentalities under the Depart-18

ment of Defense, for the use of a member of the Armed19

Forces, an employee of the Department of Defense, and20

dependents of such personnel.21

(b) APPLICABLE STANDARD.—Each quantity pre-22

scribed by the Secretary shall be a quantity that is consist-23

ent with the prevention of illegal resale or other illegal dis-24

position of alcoholic beverages overseas and such regula-25

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tions shall be accompanied with elimination of barriers to1

exports of United States made beverages currently placed2

by other countries.3

TITLE XI—DEPARTMENT OF4

DEFENSE CIVILIAN PERSONNEL5

SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE6

DEPARTMENT OF DEFENSE PERSONNEL.7



‘‘(f)(1) Not later than February 1 and August 1 of10

each year, the Secretary of each military department and11

the head of each Defense Agency shall submit to the Com-12


tee on National Security of the House of Representative14

a report on the management of the civilian workforce15

under the jurisdiction of that official.16

‘‘(2) Each report of an official under paragraph (1)17

shall contain the following:18

‘‘(A) The official’s certification that the civilian19

workforce under the jurisdiction of the official is not20

subject to any constraint or limitation in terms of21

man years, end strength, full-time equivalent posi-22

tions, or maximum number of employees, and that,23

during the six months preceding the date on which24

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the report is due, such workforce has not been sub-1

ject to any such constraint or limitation.2

‘‘(B) A description of how the civilian workforce3

is managed.4

‘‘(C) A detailed description of the analytical5

tools used to determine civilian workforce require-6

ments during the six-month period referred to in7

subparagraph (A).’’.8

SEC. 1102. EMPLOYMENT OF CIVILIAN FACULTY AT THE9

MARINE CORPS UNIVERSITY.10

(a) EXPANDED AUTHORITY.—Subsections (a) and11

(c) of section 7478 of title 10, United States Code, are12

amended by striking out ‘‘the Marine Corps Command13

and Staff College’’ and inserting in lieu thereof ‘‘a school14

of the Marine Corps University’’.15

(b) CLERICAL AMENDMENTS.—(1) The heading of16


‘‘§ 7478. Naval War College and Marine Corps Univer-18

sity: civilian faculty members’’.19



ing to section 7478 and inserting in lieu thereof the follow-22

ing new item:23

‘‘7478. Naval War College and Marine Corps University: civilian faculty mem-

bers.’’.

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SEC. 1103. EXTENSION AND REVISION OF VOLUNTARY SEP-1

ARATION INCENTIVE PAY AUTHORITY.2

(a) REMITTANCE TO CSRS FUND.—Section 5597 of3


end the following:5

‘‘(h)(1) In addition to any other payment that it is6

required to make under subchapter III of chapter 83 or7

chapter 84 of this title, the Department of Defense shall8

remit to the Office of Personnel Management an amount9

equal to 15 percent of the final basic pay of each covered10

employee. The remittance shall be in place of any remit-11

tance with respect to the employee that is otherwise re-12

quired under section 4(a) of the Federal Workforce Re-13

structuring Act of 1994 (5 U.S.C. 8331 note).14

‘‘(2) Amounts remitted under paragraph (1) shall be15

deposited in the Treasury of the United States to the cred-16

it of the Civil Service Retirement and Disability Fund.17

‘‘(3) For the purposes of this subsection—18

‘‘(A) the term ‘covered employee’ means an em-19

ployee who is subject to subchapter III of chapter 8320

or chapter 84 of this title and to whom a voluntary21

separation incentive has been paid under this section22

on the basis of a separation on or after October 1,23

1997; and24

‘‘(B) the term ‘final basic pay’ has the meaning25

given such term in section 4(a)(2) of the Federal26

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Workforce Restructuring Act of 1994 (5 U.S.C.1

8331 note).’’.2

(b) EXTENSION OF AUTHORITY.—(1) Subsection (e)3

of such section is amended by striking out ‘‘September4

30, 1999’’ and inserting in lieu thereof ‘‘September 30,5

2001’’.6

(2) Section 4436(d)(2) of the Defense Conversion,7

Reinvestment, and Transition Assistance Act of 1992 (58

U.S.C. 8348 note) is amended by striking ‘‘January 1,9

2000’’ and inserting in lieu thereof ‘‘January 1, 2002’’.10

SEC. 1104. REPEAL OF DEADLINE FOR PLACEMENT CONSID-11

ERATION OF INVOLUNTARILY SEPARATED12

MILITARY RESERVE TECHNICIANS.13

Section 3329(b) of title 5, United States Code, is14

amended by striking out ‘‘a position described in sub-15

section (c) not later than 6 months after the date of the16

application’’.17

SEC. 1105. RATE OF PAY OF DEPARTMENT OF DEFENSE18

OVERSEAS TEACHER UPON TRANSFER TO19

GENERAL SCHEDULE POSITION.20

(a) PREVENTION OF EXCESSIVE INCREASES.—Sec-21

tion 5334(d) of title 5, United States Code, is amended22

by striking out ‘‘20 percent’’ and all that follows and in-23

serting in lieu thereof ‘‘an amount determined under regu-24

lations which the Secretary of Defense shall prescribe for25

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the determination of the yearly rate of pay of the position.1

The amount by which a rate of pay is increased under2

the regulations may not exceed the amount equal to 203

percent of that rate of pay.’’.4

(b) EFFECTIVE DATE AND SAVINGS PROVISION.—(1)5

The amendment made by subsection (a) shall take effect6

180 days after the date of the enactment of this Act.7

(2) In the case of a person who is employed in a8

teaching position referred to in section 5334(d) of title 5,9

United States Code, on the day before the effective date10

determined under paragraph (1), the rate of pay deter-11

mined under such section (as in effect on that day) shall12

not be reduced by reason of the amendment made by sub-13

section (a) for so long as the person continues to serve14

in that position or another such position without a break15

in service on or after that day.16

SEC. 1106. NATURALIZATION OF EMPLOYEES OF THE17

GEORGE C. MARSHALL EUROPEAN CENTER18

FOR SECURITY STUDIES.19

(a) ELIGIBILITY WITHOUT PERMANENT RESI-20

DENCE.—Subsection (a) of section 506 of the Intelligence21

Authorization Act, Fiscal Year 1990 (Public Law 101–22

193; 103 Stat. 1709; 8 U.S.C. 1430 note) is amended to23

read as follows:24

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‘‘(a) For purposes of subsection (c) of section 3191

of the Immigration and Nationality Act (8 U.S.C. 1430),2

the George C. Marshall European Center for Security3

Studies, located in Garmisch, Federal Republic of Ger-4

many, shall be considered to be an organization described5

in clause (1) of such subsection. Notwithstanding clauses6

(2) and (4) of such subsection and any other provision7

of title III of the Immigration and Nationality Act, neither8

prior admission to the United States for permanent resi-9

dence nor presence in the United States at the time of10

naturalization is required as a condition for the natu-11

ralization (under the authority of such subsection) of a12

person employed by the Center.’’.13

(b) REFERENCE CORRECTION.—The section heading14

of such section is amended to read as follows:15

‘‘REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF16

GEORGE C. MARSHALL EUROPEAN CENTER FOR SE-17

CURITY STUDIES’’.18

SEC. 1107. GARNISHMENT AND INVOLUNTARY ALLOTMENT.19

Section 5520a of title 5, United States Code, is20

amended—21

(1) in subsection (j), by striking out paragraph22

(2) and inserting in lieu thereof the following:23

‘‘(2) Such regulations shall provide that an agency’s24

administrative costs in executing a garnishment action25

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may be added to the garnishment, and that the agency1

may retain costs recovered as offsetting collections.’’;2

(2) in subsection (k)—3

(A) by striking out paragraph (3); and4

(B) by redesignating paragraph (4) as5

paragraph (3); and6

(3) by striking out subsection (l).7

SEC. 1108. HIGHER EDUCATION PILOT PROGRAM FOR THE8

NAVAL UNDERSEA WARFARE CENTER.9

(a) ESTABLISHMENT.—The Secretary of the Navy10

may establish under the Naval Undersea Warfare Center11

(hereafter in this section referred to as the ‘‘Center’’) and12

the Acquisition Center for Excellence of the Navy jointly13

a pilot program of higher education with respect to the14

administration of business relationships between the Fed-15

eral Government and the private sector.16

(b) PURPOSE.—The purpose of the pilot program is17

to make available to employees of the Center and employ-18

ees of the Naval Sea Systems Command a curriculum of19

graduate-level higher education that—20

(1) is designed to prepare the employees effec-21

tively to meet the challenges of administering Fed-22

eral Government contracting and other business re-23

lationships between the Federal Government and24

businesses in the private sector in the context of25

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constantly changing or newly emerging industries,1

technologies, governmental organizations, policies,2

and procedures (including governmental organiza-3

tions, policies, and procedures recommended in the4

National Performance Review); and5

(2) leads to award of a graduate degree.6

(c) PARTNERSHIP WITH INSTITUTION OF HIGHER7

EDUCATION.—(1) The Secretary may enter into an agree-8

ment with an institution of higher education to assist the9

Center with the development of the curriculum, to offer10

courses and provide instruction and materials to the ex-11

tent provided for in the agreement, to provide any other12

assistance in support of the pilot program that is provided13

for in the agreement, and to award a graduate degree14

under the pilot program.15

(2) An institution of higher education is eligible to16

enter into an agreement under paragraph (1) if the insti-17

tution has an established program of graduate-level edu-18

cation that is relevant to the purpose of the pilot program.19

(d) CURRICULUM.—The curriculum offered under the20

pilot program shall—21

(1) be designed specifically to achieve the pur-22

pose of the pilot program; and23

(2) include—24

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(A) courses that are typically offered under1

curricula leading to award of the degree of2

Masters of Business Administration by institu-3

tions of higher education; and4

(B) courses for meeting educational quali-5

fication requirements for certification as an ac-6

quisition program manager.7

(e) DISTANCE LEARNING OPTION.—The pilot pro-8

gram may include policies and procedures for offering dis-9

tance learning instruction by means of telecommuni-10

cations, correspondence, or other methods for off-site re-11

ceipt of instruction.12

(f) PERIOD FOR PILOT PROGRAM.—The Secretary13

shall carry out the pilot program during fiscal years 199814

through 2002.15

(g) REPORT.—Not later than 90 days after the termi-16

nation of the pilot program, the Secretary shall submit17

to Congress a report on the pilot program. The report18

shall include the Secretary’s assessment of the value of19

the program for meeting the purpose of the program and20

the desirability of permanently establishing a similar pro-21

gram for all of the Department of Defense.22

(h) INSTITUTION OF HIGHER EDUCATION DE-23

FINED.—In this section, the term ‘‘institution of higher24

education’’ has the meaning given the term in section25

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1201 of the Higher Education Act of 1965 (20 U.S.C.1

1141).2

(i) AUTHORIZATION OF APPROPRIATIONS.—(1)3

Funds are authorized to be appropriated for the Navy for4

the pilot program for fiscal year 1998 in the total amount5

of $2,500,000. The amount authorized to be appropriated6

for the pilot program is in addition to other amounts au-7

thorized by other provisions of this Act to be appropriated8

for the Navy for fiscal year 1998.9

(2) The amount authorized to be appropriated by sec-10

tion 421 is hereby reduced by $2,500,000.11

TITLE XII—FEDERAL CHARTER12

FOR THE AIR FORCE SER-13

GEANTS ASSOCIATION14

SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHAR-15

TER.16

The Air Force Sergeants Association, a nonprofit cor-17

poration organized under the laws of the District of Co-18

lumbia, is recognized as such and granted a Federal char-19

ter.20

SEC. 1202. POWERS.21

The Air Force Sergeants Association (in this title re-22

ferred to as the ‘‘association’’) shall have only those pow-23

ers granted to it through its bylaws and articles of incor-24

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poration filed in the District of Columbia and subject to1

the laws of the District of Columbia.2

SEC. 1203. PURPOSES.3

The purposes of the association are those provided4

in its bylaws and articles of incorporation and shall include5

the following:6

(1) To help maintain a highly dedicated and7

professional corps of enlisted personnel within the8

United States Air Force, including the United9

States Air Force Reserve, and the Air National10

Guard.11

(2) To support fair and equitable legislation12

and Department of the Air Force policies and to in-13

fluence by lawful means departmental plans, pro-14

grams, policies, and legislative proposals that affect15

enlisted personnel of the Regular Air Force, the Air16

Force Reserve, and the Air National Guard, its re-17

tirees, and other veterans of enlisted service in the18

Air Force.19

(3) To actively publicize the roles of enlisted20

personnel in the United States Air Force.21

(4) To participate in civil and military activi-22

ties, youth programs, and fundraising campaigns23

that benefit the United States Air Force.24

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(5) To provide for the mutual welfare of mem-1

bers of the association and their families.2

(6) To assist in recruiting for the United States3

Air Force.4

(7) To assemble together for social activities.5

(8) To maintain an adequate Air Force for our6

beloved country.7

(9) To foster among the members of the asso-8

ciation a devotion to fellow airmen.9

(10) To serve the United States and the United10

States Air Force loyally, and to do all else necessary11

to uphold and defend the Constitution of the United12

States.13

SEC. 1204. SERVICE OF PROCESS.14

With respect to service of process, the association15

shall comply with the laws of the District of Columbia and16

those States in which it carries on its activities in further-17

ance of its corporate purposes.18

SEC. 1205. MEMBERSHIP.19

Except as provided in section 1208(g), eligibility for20

membership in the association and the rights and privi-21

leges of members shall be as provided in the bylaws and22

articles of incorporation of the association.23

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SEC. 1206. BOARD OF DIRECTORS.1

Except as provided in section 1208(g), the composi-2

tion of the board of directors of the association and the3

responsibilities of the board shall be as provided in the4

bylaws and articles of incorporation of the association and5

in conformity with the laws of the District of Columbia.6

SEC. 1207. OFFICERS.7

Except as provided in section 1208(g), the positions8

of officers of the association and the election of members9

to such positions shall be as provided in the bylaws and10

articles of incorporation of the association and in conform-11

ity with the laws of the District of Columbia.12

SEC. 1208. RESTRICTIONS.13

(a) INCOME AND COMPENSATION.—No part of the in-14

come or assets of the association may inure to the benefit15

of any member, officer, or director of the association or16

be distributed to any such individual during the life of this17

charter. Nothing in this subsection may be construed to18

prevent the payment of reasonable compensation to the19

officers and employees of the association or reimburse-20

ment for actual and necessary expenses in amounts ap-21

proved by the board of directors.22

(b) LOANS.—The association may not make any loan23

to any member, officer, director, or employee of the asso-24

ciation.25

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(c) ISSUANCE OF STOCK AND PAYMENT OF DIVI-1

DENDS.—The association may not issue any shares of2

stock or declare or pay any dividends.3

(d) DISCLAIMER OF CONGRESSIONAL OR FEDERAL4

APPROVAL.—The association may not claim the approval5

of the Congress or the authorization of the Federal Gov-6

ernment for any of its activities by virtue of this title.7

(e) CORPORATE STATUS.—The association shall8

maintain its status as a corporation organized and incor-9

porated under the laws of the District of Columbia.10

(f) CORPORATE FUNCTION.—The association shall11

function as an educational, patriotic, civic, historical, and12

research organization under the laws of the District of Co-13

lumbia.14

(g) NONDISCRIMINATION.—In establishing the condi-15

tions of membership in the association and in determining16

the requirements for serving on the board of directors or17

as an officer of the association, the association may not18

discriminate on the basis of race, color, religion, sex, hand-19

icap, age, or national origin.20

SEC. 1209. LIABILITY.21

The association shall be liable for the acts of its offi-22

cers, directors, employees, and agents whenever such indi-23

viduals act within the scope of their authority.24

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SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND1

RECORDS.2

(a) BOOKS AND RECORDS OF ACCOUNT.—The asso-3

ciation shall keep correct and complete books and records4

of account and minutes of any proceeding of the associa-5

tion involving any of its members, the board of directors,6

or any committee having authority under the board of di-7

rectors.8

(b) NAMES AND ADDRESSES OF MEMBERS.—The as-9

sociation shall keep at its principal office a record of the10

names and addresses of all members having the right to11

vote in any proceeding of the association.12

(c) RIGHT TO INSPECT BOOKS AND RECORDS.—All13

books and records of the association may be inspected by14

any member having the right to vote in any proceeding15

of the association, or by any agent or attorney of such16

member, for any proper purpose at any reasonable time.17

(d) APPLICATION OF STATE LAW.—This section may18

not be construed to contravene any applicable State law.19

SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.20

The first section of the Act entitled ‘‘An Act to pro-21

vide for audit of accounts of private corporations estab-22

lished under Federal law’’, approved August 30, 1964 (3623

U.S.C. 1101), is amended—24

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S 936 RFH

(1) by redesignating the paragraph (77) added1

by section 1811 of Public Law 104–201 (110 Stat.2

2762) as paragraph (78); and3


‘‘(79) Air Force Sergeants Association.’’.5

SEC. 1212. ANNUAL REPORT.6

The association shall annually submit to Congress a7

report concerning the activities of the association during8

the preceding fiscal year. The annual report shall be sub-9

mitted on the same date as the report of the audit required10

by reason of the amendment made in section 1211. The11

annual report shall not be printed as a public document.12

SEC. 1213. RESERVATION OF RIGHT TO ALTER, AMEND, OR13

REPEAL CHARTER.14

The right to alter, amend, or repeal this title is ex-15

pressly reserved to Congress.16

SEC. 1214. TAX-EXEMPT STATUS REQUIRED AS CONDITION17

OF CHARTER.18

If the association fails to maintain its status as an19

organization exempt from taxation as provided in the In-20

ternal Revenue Code of 1986 the charter granted in this21

title shall terminate.22

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SEC. 1215. TERMINATION.1

The charter granted in this title shall expire if the2

association fails to comply with any of the provisions of3

this title.4

SEC. 1216. DEFINITION OF STATE.5

For purposes of this title, the term ‘‘State’’ includes6

the District of Columbia, the Commonwealth of Puerto7

Rico, the Commonwealth of the Northern Mariana Is-8

lands, and the territories and possessions of the United9

States.10

DIVISION B—MILITARY CON-11

STRUCTION AUTHORIZA-12

TIONS13


This division may be cited as the ‘‘Military Construc-15

tion Authorization Act for Fiscal Year 1998’’.16

TITLE XXI—ARMY17

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND18

ACQUISITION PROJECTS.19

(a) INSIDE THE UNITED STATES.—Using amounts20

appropriated pursuant to the authorization of appropria-21

tions in section 2104(a)(1), the Secretary of the Army22

may acquire real property and carry out military construc-23

tion projects for the installations and locations inside the24

United States, and in the amounts, set forth in the follow-25

ing table:26

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Army: Inside the United States

State Installation or location Amount

Alabama .......................... Redstone Arsenal ................................. $27,000,000

Arizona ............................ Fort Huachuca ..................................... $20,000,000

California ......................... Naval Weapons Station, Concord ........ $23,000,000

Colorado .......................... Fort Carson ......................................... $7,300,000

Georgia ............................ Fort Gordon ......................................... $22,000,000

Hawaii ............................. Schofield Barracks ............................... $44,000,000

Indiana ............................ Crane Army Ammunition Activity ....... $7,700,000

Kansas ............................. Fort Leavenworth ................................ $63,000,000

Fort Riley ............................................. $25,800,000

Kentucky ......................... Fort Campbell ...................................... $53,600,000

Fort Knox ............................................ $7,200,000

North Carolina ................ Fort Bragg ........................................... $6,500,000

South Carolina ................ Naval Weapons Station, Charleston .... $7,700,000

Texas ............................... Fort Sam Houston ............................... $16,000,000

Virginia ........................... Charlottesville ...................................... $3,100,000

Fort A.P. Hill ...................................... $5,400,000

Fort Myer ............................................ $8,200,000

Washington ..................... Fort Lewis ........................................... $33,000,000

CONUS Classified ........... Classified Location ............................... $6,500,000

Total: ............................................ $387,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts1


tions in section 2104(a)(2), the Secretary of the Army3


tion projects for the locations outside the United States,5

and in the amounts, set forth in the following table:6

Army: Outside the United States

Country Installation or location Amount

Germany ............................... Katterbach Kaserne, Ansbach ........ $22,000,000

Kitzingen ........................................ $4,365,000

Tompkins Barracks, Heidelberg ..... $8,800,000

Rhine Ordnance Barracks, Military

Support Group, Kaiserslautern.

$6,000,000

Korea .................................... Camp Casey .................................... $5,100,000

Camp Castle ................................... $8,400,000

Camp Humphreys ........................... $32,000,000

Camp Red Cloud ............................ $23,600,000

Camp Stanley ................................. $7,000,000

Various Overseas .................. Various Locations ........................... $37,000,000

Worldwide ............................. Host Nation Support ...................... $20,000,000

Total: ....................................... $174,265,000

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SEC. 2102. FAMILY HOUSING.1

(a) CONSTRUCTION AND ACQUISITION.—Using2

amounts appropriated pursuant to the authorization of ap-3

propriations in section 2104(a)(5)(A), the Secretary of the4

Army may construct or acquire family housing units (in-5

cluding land acquisition) at the installations, for the pur-6

poses, and in the amounts set forth in the following table:7

Army: Family Housing

State Installation or loca-tion Purpose Amount

Alaska .......................... Fort Richardson ......... 52 Units ............ $9,600,000

Fort Wainwright ........ 32 Units ............ $8,300,000

Florida ......................... Miami ......................... 8 Units .............. $2,300,000

Hawaii ......................... Schofield Barracks ..... 132 Units .......... $26,600,000

Kentucky ..................... Fort Campbell ............ Family housing

improvements.

$8,500,000

Maryland ..................... Fort Meade ................. 56 Units ............ $7,900,000

New York .................... United States Military

Academy, West

Point.

Whole neighbor-

hood

revitalization.

$5,400,000

North Carolina ............ Fort Bragg ................. 174 Units .......... $20,150,000

Texas ........................... Fort Bliss ................... 91 Units ............ $12,900,000

Fort Hood .................. 130 Units .......... $18,800,000

Total: ......... $120,450,000

(b) PLANNING AND DESIGN.—Using amounts appro-8

priated pursuant to the authorization of appropriations in9

section 2104(a)(5)(A), the Secretary of the Army may10

carry out architectural and engineering services and con-11

struction design activities with respect to the construction12

or improvement of family housing units in an amount not13

to exceed $11,665,000.14

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING15

UNITS.16

Subject to section 2825 of title 10, United States17

Code, and using amounts appropriated pursuant to the18

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authorization of appropriations in section 2104(a)(5)(A),1

the Secretary of the Army may improve existing military2

family housing units in an amount not to exceed3

$44,800,000.4

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.5

(a) IN GENERAL.—Funds are hereby authorized to6

be appropriated for fiscal years beginning after September7

30, 1997, for military construction, land acquisition, and8

military family housing functions of the Department of the9

Army in the total amount of $1,951,478,000 as follows:10

(1) For military construction projects inside the11

United States authorized by section 2101(a),12

$360,500,000.13

(2) For the military construction projects out-14

side the United States authorized by section15

2101(b), $174,265,000.16

(3) For unspecified minor military construction17

projects authorized by section 2805 of title 10,18

United States Code, $6,000,000.19

(4) For architectural and engineering services20

and construction design under section 2807 of title21

10, United States Code, $50,512,000.22

(5) For military family housing functions:23

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(A) For construction and acquisition, plan-1

ning and design, and improvement of military2

family housing and facilities, $176,915,000.3

(B) For support of military family housing4

(including the functions described in section5

2833 of title 10, United States Code),6

$1,143,286,000.7

(6) For the construction of the National Range8

Control Center, White Sands Missile Range, New9

Mexico, authorized by section 2101(a) of the Mili-10

tary Construction Authorization Act for Fiscal Year11

1997 (division B of Public Law 104–201; 110 Stat.12

2763), $18,000,000.13

(7) For the construction of the whole barracks14

complex renewal, Fort Knox, Kentucky, authorized15

by section 2101(a) of the Military Construction Au-16

thorization Act for Fiscal Year 1997 (110 Stat.17

2763), $22,000,000.18

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION19

PROJECTS.—Notwithstanding the cost variations author-20

ized by section 2853 of title 10, United States Code, and21

any other cost variation authorized by law, the total cost22

of all projects carried out under section 2101 of this Act23

may not exceed—24

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S 936 RFH

(1) the total amount authorized to be appro-1

priated under paragraphs (1) and (2) of subsection2

(a); and3

(2) $26,500,000 (the balance of the amount au-4

thorized under section 2101(a) for the construction5

of the United States Disciplinary Barracks, Fort6

Leavenworth, Kansas).7

SEC. 2105. AUTHORITY TO USE CERTAIN PRIOR YEAR8

FUNDS TO CONSTRUCT A HELIPORT AT FORT9

IRWIN, CALIFORNIA.10

(a) AUTHORITY TO USE FUNDS.—Notwithstanding11

any other provision of law and subject to subsection (b),12

the Secretary of the Army may carry out a project to con-13

struct a heliport at Fort Irwin, California, using the fol-14

lowing amounts:15

(1) Amounts appropriated pursuant to the au-16

thorization of appropriations in section 2104(a)(1)17

of the Military Construction Authorization Act for18

Fiscal Year 1995 (division B of Public Law 103–19

337; 108 Stat. 3029) for the military construction20

project at Fort Irwin authorized by section 2101(a)21

of that Act (108 Stat. 3027).22

(2) Amounts appropriated pursuant to the au-23

thorization of appropriations in section 2104(a)(1)24

of the Military Construction Authorization Act for25

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Fiscal Year 1996 (division B of Public Law 104–1

106; 110 Stat. 524) for the military construction2

project at Fort Irwin authorized by section 2101(a)3

of that Act (110 Stat. 523).4

(b) LIMITATION ON AVAILABILITY.—Unless funds5

available under subsection (a) are obligated for the project6

covered by that subsection by the later of the dates set7

forth in section 2701(a) of this Act, the authority in that8

subsection to use funds for the project shall expire on the9

later of such dates.10

TITLE XXII—NAVY11

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND12




tions in section 2204(a)(1), the Secretary of the Navy may16

acquire real property and carry out military construction17

projects for the installations and locations inside the18


ing table:20

Navy: Inside the United States


Arizona .......................... Navy Detachment, Camp Navajo ............ $11,426,000

Marine Corps Air Station, Yuma ............. $14,700,000

California ....................... Marine Corps Air Station, Camp

Pendleton.

$14,020,000

Marine Corps Air Station, Miramar ........ $8,700,000

Marine Corps Air-Ground Combat Cen-

ter, Twentynine Palms.

$3,810,000

Marine Corps Base, Camp Pendleton ...... $39,469,000

Naval Air Facility, El Centro .................. $11,000,000

Naval Air Station, North Island .............. $19,600,000

Connecticut .................... Naval Submarine Base, New London ...... $23,560,000

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Navy: Inside the United States—Continued


Florida ........................... Naval Air Station, Jacksonville ............... $3,480,000

Hawaii ........................... Honolulu (Fort DeRussy) ........................ $9,500,000

Marine Corps Air Station, Kaneohe Bay $19,000,000

Naval Computer and Telecommunications

Area, Master Station, Eastern Pacific,

Honolulu.

$3,900,000

Naval Station, Pearl Harbor ................... $25,000,000

Illinois ............................ Naval Training Center, Great Lakes ....... $41,220,000

Mississippi ..................... Navy Combat Battalion Construction

Base, Gulfport.

$22,440,000

North Carolina .............. Marine Corps Air Station, Cherry Point $8,800,000

Marine Corps Air Station, New River ..... $19,900,000

Rhode Island .................. Naval Undersea Warfare Center Division,

Newport.

$8,900,000

South Carolina ............... Marine Corps Recruit Depot, Parris

Island.

$3,200,000

Virginia .......................... Fleet Combat Training Center, Dam

Neck.

$7,000,000

Naval Air Station, Norfolk ...................... $14,240,000

Naval Air Station, Oceana ....................... $28,000,000

Naval Amphibious Base, Little Creek ..... $8,685,000

Naval Station, Norfolk ............................. $64,970,000

Naval Surface Warfare Center, Dahlgren $20,480,000

Naval Weapons Station, Yorktown .......... $11,257,000

Norfolk Naval Shipyard, Portsmouth ...... $9,500,000

Washington .................... Naval Air Station, Whidbey Island .......... $1,100,000

Puget Sound Naval Shipyard, Bremerton $4,400,000

Total: ................................................ $481,257,000



tions in section 2204(a)(2), the Secretary of the Navy may3


projects for the installations and locations outside the5


ing table:7

Navy: Outside the United States


Bahrain .......................... Administrative Support Unit, Bahrain .... $30,100,000

Guam ............................. Naval Computer and Telecommunications

Area, Master Station, Western Pacific.

$4,050,000

Italy ............................... Naval Air Station, Sigonella .................... $21,440,000

Naval Support Activity, Naples ............... $8,200,000

United Kingdom ............ Joint Maritime Communications Center,

Saint Mawgan.

$2,330,000

Total: ................................................ $65,920,000

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Navy may construct or acquire family housing units (in-5

cluding land acquisition) at the installations, for the pur-6

poses, and in the amounts set forth in the following table:7

Navy: Family Housing

State Installation Purpose Amount

California ................ Marine Corps Air Sta-

tion, Miramar.

166 Units ........ $28,881,000

Marine Corps Air-

Ground Combat Cen-

ter, Twentynine

Palms.

132 Units ........ $23,891,000

Marine Corps Base,

Camp Pendleton.

171 Units ........ $22,518,000

Naval Air Station,

Lemoore.

128 Units ........ $23,226,000

North Carolina ........ Marine Corps Base,

Camp Lejeune.

37 Units .......... $2,863,000

Texas ....................... Naval Air Station, Cor-

pus Christi.

57 Units .......... $6,470,000

Washington ............. Naval Air Station,

Whidbey Island.

198 Units ........ $32,290,000

Total: ....... $140,139,000



section 2204(a)(5)(A), the Secretary of the Navy may10



or improvement of military family housing units in an13

amount not to exceed $15,850,000.14

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UNITS.2




the Secretary of the Navy may improve existing military6


$173,780,000.8

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.9





Navy in the total amount of $1,907,387,000 as follows:14



$448,637,000.17

(2) For military construction projects outside18

the United States authorized by section 2201(b),19

$65,920,000.20

(3) For unspecified minor construction projects21

authorized by section 2805 of title 10, United States22

Code, $9,960,000.23




513

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ning and design, and improvement of military3

family housing and facilities, $329,769,000.4

(B) For support of military housing (in-5

cluding functions described in section 2833 of6

title 10, United States Code), $976,504,000.7

(6) For construction of a large anachoic cham-8

ber facility at Patuxent River Naval Warfare Center,9

Maryland, authorized by section 2201(a) of the Mili-10

tary Construction Authorization Act for Fiscal Year11

1993 (division B of Public Law 102–484; 106 Stat.12

2590), $9,000,000.13

(7) For construction of a bachelor enlisted14

quarters at Naval Hospital, Great Lakes, Illinois,15

authorized by section 2201(a) of the Military Con-16

struction Authorization Act for Fiscal Year 199717

(division B of Public Law 104–201; 110 Stat.18

2766), $5,200,000.19

(8) For construction of a bachelor enlisted20

quarters at Naval Station, Roosevelt Roads, Puerto21

Rico, authorized by section 2201(b) of the Military22

Construction Authorization Act for Fiscal Year 199723

(110 Stat. 2767), $14,600,000.24

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may not exceed—6

(1) the total amount authorized to be appro-7

priated under paragraphs (1) and (2) of subsection8

(a); and9

(2) $32,620,000 (the balance of the amount au-10

thorized under section 2101(a) for the replacement11

of the Berthing Pier at Naval Station, Norfolk, Vir-12

ginia.13

(c) ADJUSTMENT.—The total amount authorized to14

be appropriated under paragraph (5) of subsection (a) is15

the sum of the amounts authorized to be appropriated16

under such paragraph, reduced by $8,463,000 (the com-17

bination of project savings resulting from favorable bids,18

reduced overhead costs, and cancellations due to force19

structure changes).20

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SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION1

PROJECT AT PASCAGOULA NAVAL STATION,2

MISSISSIPPI, FOR WHICH FUNDS HAVE BEEN3

APPROPRIATED.4

(a) AUTHORIZATION.—The table in section 2201(a)5

of the Military Construction Authorization Act for Fiscal6

Year 1997 (division B of Public Law 104–201; 110 Stat.7

2766) is amended by striking out the item relating to8

Navy Project, Stennis Space Center, Mississippi, and in-9


Mississippi ..................... Naval Station Pascagoula ........................ $4,990,000

Navy Project, Stennis Space Center ........ $7,960,000

(b) CONFORMING AMENDMENTS.—Section 2204(a)11

of such Act (110 Stat. 2769) is amended—12

(1) in the matter preceding paragraph (1), by13

striking out ‘‘$2,213,731,000’’ and inserting in lieu14

thereof ‘‘$2,218,721,000’’; and15

(2) in paragraph (1), by striking out16


‘‘$584,302,000’’.18

SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY19

CONSTRUCTION PROJECTS AT ROOSEVELT20

ROADS NAVAL STATION, PUERTO RICO.21

(a) INCREASE.—The table in section 2201(b) of the22

Military Construction Authorization Act for Fiscal Year23

516

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1997 (division B of Public Law 104–201; 110 Stat. 2767)1

is amended in the amount column of the item relating to2

Naval Station, Roosevelt Roads, Puerto Rico, by striking3

out ‘‘$23,600,000’’ and inserting in lieu thereof4

‘‘$24,100,000’’.5

(b) CONFORMING AMENDMENT.—Section 2204(b)(4)6

of such Act (110 Stat. 2770) is amended by striking out7


‘‘$14,600,000’’.9

TITLE XXIII—AIR FORCE10

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND11

LAND ACQUISITION PROJECTS.12



tions in section 2304(a)(1), the Secretary of the Air Force15


tion projects for the installations and locations inside the17


ing table:19

Air Force: Inside the United States


Alabama ................................. Maxwell Air Force Base ................... $5,574,000

Alaska .................................... Clear Air Force Station ................... $67,069,000

Elmendorf Air Force Base ............... $6,100,000

Eielson Air Force Base .................... $13,764,000

Indian Mountain Long Range Radar

Site.

$1,991,000

California ............................... Edwards Air Force Base .................. $2,887,000

Vandenberg Air Force Base ............. $26,876,000

Colorado ................................ Buckley Air National Guard Base ... $6,718,000

Falcon Air Force Station ................. $10,551,000

Peterson Air Force Base .................. $4,081,000

United States Air Force Academy ... $15,229,000

Florida ................................... Eglin Auxiliary Field 9 .................... $6,470,000

517

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Air Force: Inside the United States—Continued


MacDill Air Force Base ................... $1,543,000

Georgia .................................. Moody Air Force Base ..................... $15,900,000

Robins Air Force Base ..................... $18,663,000

Hawaii ................................... Bellows Air Force Station ................ $5,232,000

Idaho ..................................... Mountain Home Air Force Base ...... $30,669,000

Kansas ................................... McConnell Air Force Base ............... $19,219,000

Louisiana ............................... Barksdale Air Force Base ................ $19,410,000

Mississippi ............................. Keesler Air Force Base .................... $30,855,000

Missouri ................................. Whiteman Air Force Base ............... $17,419,000

Montana ................................ Malmstrom Air Force Base .............. $4,500,000

Nebraska ............................... Offutt Air Force Base ...................... $6,900,000

Nevada ................................... Nellis Air Force Base ....................... $5,900,000

New Jersey ............................ McGuire Air Force Base .................. $9,954,000

New Mexico ........................... Cannon Air Force Base .................... $2,900,000

Kirtland Air Force Base .................. $20,300,000

North Carolina ...................... Pope Air Force Base ........................ $8,356,000

North Dakota ........................ Grand Forks Air Force Base ........... $8,560,000

Minot Air Force Base ...................... $5,200,000

Ohio ....................................... Wright-Patterson Air Force Base .... $32,750,000

Oklahoma .............................. Altus Air Force Base ....................... $11,000,000

Tinker Air Force Base ..................... $9,655,000

Vance Air Force Base ...................... $7,700,000

South Carolina ...................... Shaw Air Force Base ....................... $6,072,000

South Dakota ........................ Ellsworth Air Force Base ................ $6,600,000

Tennessee .............................. Arnold Air Force Base ..................... $10,750,000

Texas ..................................... Dyess Air Force Base ...................... $10,000,000

Randolph Air Force Base ................. $2,488,000

Utah ...................................... Hill Air Force Base .......................... $6,470,000

Virginia .................................. Langley Air Force Base ................... $4,031,000

Washington ............................ Fairchild Air Force Base ................. $24,016,000

McChord Air Force Base ................. $9,655,000

CONUS Classified ................. Classified Location ........................... $6,175,000

Total: ........................................ $546,152,000



tions in section 2304(a)(2), the Secretary of the Air Force3


tion projects for the installations and locations outside the5


ing table:7

Air Force: Outside the United States


Germany ................................ Spangdahlem Air Base ..................... $18,500,000

Italy ....................................... Aviano Air Base ............................... $15,220,000

Korea ..................................... Kunsan Air Base .............................. $10,325,000

Portugal ................................. Lajes Field, Azores .......................... $4,800,000

United Kingdom .................... Royal Air Force, Lakenheath ........... $11,400,000

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Air Force: Outside the United States—Continued


Overseas Classified ................ Classified Location ........................... $29,100,000

Total: ........................................ $89,345,000





Air Force may construct or acquire family housing units5

(including land acquisition) at the installations, for the6

purposes, and in the amounts set forth in the following7

table:8

Air Force: Family Housing

State Installation orlocation Purpose Amount

California ...................... Edwards Air Force

Base.

51 units ........... $8,500,000

Travis Air Force Base 70 units ........... $9,714,000

Vandenberg Air Force

Base.

108 units ......... $17,100,000

Delaware ....................... Dover Air Force Base Ancillary

Facility.

$831,000

District of Columbia ..... Bolling Air Force Base 46 units ........... $5,100,000

Florida .......................... MacDill Air Force Base 58 units ........... $10,000,000

Tyndall Air Force Base 32 units ........... $4,200,000

Georgia ......................... Robins Air Force Base 106 units ......... $12,000,000

Idaho ............................ Mountain Home Air

Force Base.

60 units ........... $11,032,000

Kansas .......................... McConnell Air Force

Base.

19 units ........... $2,951,000

Mississippi .................... Columbus Air Force

Base.

50 units ........... $6,200,000

Keesler Air Force Base 40 units ........... $5,000,000

Montana ....................... Malmstrom Air Force

Base.

956 units ......... $21,447,000

New Mexico .................. Kirtland Air Force

Base.

180 units ......... $20,900,000

North Dakota ............... Grand Forks Air Force

Base.

42 units ........... $7,936,000

South Carolina ............. Charleston Air Force

Base.

Improve family

housing area.

$14,300,000

Texas ............................ Dyess Air Force Base .. 70 units ........... $10,503,000

Goodfellow Air Force

Base.

3 units ............. $500,000

Lackland Air Force

Base.

50 units ........... $7,400,000

519

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Air Force: Family Housing—Continued

State Installation orlocation Purpose Amount

Wyoming ...................... F.E. Warren Air Force

Base.

52 units ........... $6,853,000

Total: ....... $182,467,000



section 2304(a)(5)(A), the Secretary of the Air Force may3



or improvement of military family housing units in an6

amount not to exceed $13,021,000.7


UNITS.9




the Secretary of the Air Force may improve existing mili-13

tary family housing units in an amount not to exceed14

$102,195,000.15

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR16

FORCE.17





520

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Air Force in the total amount of $1,799,181,000 as fol-1

lows:2



$546,152,000.5



$89,345,000.8


authorized by section 2805 of title 10, United States10

Code, $8,545,000.11




(5) For military housing functions:15


ning and design, planning improvement of mili-17

tary family housing and facilities,18

$297,683,000.19

(B) For support of military family housing20

(including the functions described in section21

2833 of title 10, United States Code),22

$830,234,000.23



521

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may not exceed the total amount authorized to be appro-4

priated under paragraphs (1) and (2) of subsection (a).5

(c) ADJUSTMENT.—The total amount authorized to6

be appropriated pursuant to paragraphs (1) through (5)7

of subsection (a) is the sum of the amounts authorized8

to be appropriated in such paragraphs, reduced by9

$23,858,000 (the combination of project savings resulting10

from favorable bids, reduced overhead costs, and cancella-11

tions due to force structure changes).12

SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION13

PROJECT AT MCCONNELL AIR FORCE BASE,14

KANSAS, FOR WHICH FUNDS HAVE BEEN AP-15

PROPRIATED.16

(a) AUTHORIZATION.—The table in section 2301(a)17



2771) is amended in the item relating to McConnell Air20

Force Base, Kansas, by striking out ‘‘$19,130,000’’ in the21

amount column and inserting in lieu thereof22

‘‘$25,830,000’’.23

(b) CONFORMING AMENDMENT.—Section 2304 of24

such Act (110 Stat. 2774) is amended—25

522

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(1) in the matter preceding paragraph (1), by1

striking out ‘‘$1,894,594,000’’ and inserting in lieu2

thereof ‘‘$1,901,294,000’’; and3

(2) in paragraph (1), by striking out4


‘‘$610,534,000’’.6

TITLE XXIV—DEFENSE7

AGENCIES8

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-9

TION AND LAND ACQUISITION PROJECTS.10



tions in section 2405(a)(1), the Secretary of Defense may13


projects for the installations and locations inside the15


ing table:17

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Commissary Agency Fort Lee, Virginia ............................ $9,300,000

Defense Finance & Account-

ing Service.

Naval Station, Pearl Harbor, Hawaii $10,000,000

Columbus Center, Ohio .................... $9,722,000

Naval Air Station, Millington,

Tennessee ..................................... $6,906,000

Naval Station, Norfolk, Virginia ...... $12,800,000

Defense Intelligence Agency .. Redstone Arsenal, Alabama ............. $32,700,000

Bolling Air Force Base, District of

Columbia ....................................... $7,000,000

Defense Logistics Agency ...... Elmendorf Air Force Base, Alaska .. $21,700,000

Naval Air Station, Jacksonville,

Florida .......................................... $9,800,000

Westover Air Reserve Base,

Massachusetts ............................... $4,700,000

Defense Distribution New Cum-

berland—DDSP, Pennsylvania .... $15,500,000

523

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Defense Agencies: Inside the United States—Continued


Defense Distribution Depot—

DDNV, Virginia ........................... $16,656,000

Defense Fuel Support Point, Craney

Island, Virginia ............................. $22,100,000

Defense General Supply Center,

Richmond, Virginia ....................... $5,200,000

Defense Fuel Support Center, Truax

Field, Wisconsin ........................... $4,500,000

CONUS Various, CONUS Various .. $11,275,000

Defense Medical Facility

Office.

Naval Station, San Diego, California $2,100,000

Naval Submarine Base, New Lon-

don, Connecticut ........................... $2,300,000

Naval Air Station, Pensacola,

Florida .......................................... $2,750,000

Robins Air Force Base, Georgia ...... $19,000,000

Fort Campbell, Kentucky ................. $13,600,000

Fort Detrick, Maryland .................... $4,650,000

McGuire Air Force Base, New

Jersey ........................................... $35,217,000

Holloman Air Force Base, New

Mexico ........................................... $3,000,000

Wright-Patterson Air Force Base,

Ohio .............................................. $2,750,000

Lackland Air Force Base, Texas ..... $3,000,000

Hill Air Force Base, Utah ............... $3,100,000

Marine Corps Combat Development

Command, Quantico, Virginia ...... $19,000,000

Naval Station, Everett, Washington $7,500,000

National Security Agency ...... Fort Meade, Maryland ..................... $29,800,000

Special Operations Command Naval Amphibious Base, North Is-

land, California ............................. $7,400,000

Eglin Auxiliary Field 3, Florida ...... $11,200,000

Hurlburt Field, Florida .................... $2,450,000

Fort Benning, Georgia ..................... $9,814,000

Hunter Army Air Field, Fort Stew-

art, Georgia .................................. $2,500,000

Naval Station, Pearl Harbor, Hawaii $7,400,000

Mississippi Army Ammunition

Plant, Mississippi ......................... $9,900,000

Fort Bragg, North Carolina ............. $9,800,000

Total: ........................................ $408,090,000



tions in section 2405(a)(2), the Secretary of Defense may3


projects for the installations and locations outside the5


ing table:7

524

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Defense Agencies: Outside the United States


Ballistic Missile Defense Or-

ganization.

Kwajalein Atoll ................................. $4,565,000

Defense Logistics Agency ...... Defense Fuel Support Point, Ander-

son Air Force Base, Guam ........... $16,000,000

Defense Fuel Supply Center, Moron

Air Base, Spain ............................ $14,400,000

Total: ........................................ $34,965,000

SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.1

Using amounts appropriated pursuant to the author-2

ization of appropriations in section 2405(a)(13)(A), the3

Secretary of Defense may carry out architectural and en-4

gineering services and construction design activities with5

respect to the construction or improvement of military6

family housing units in an amount not to exceed $50,000.7


UNITS.9



authorization of appropriation in section 2405(a)(13)(A),12

the Secretary of Defense may improve existing military13


$4,950,000.15

SEC. 2404. ENERGY CONSERVATION PROJECTS.16

Using amounts appropriated pursuant to the author-17

ization of appropriations in section 2405(a)(11), the Sec-18

retary of Defense may carry out energy conservation19

525

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projects under section 2865 of title 10, United States1

Code.2

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE-3

FENSE AGENCIES.4




military family housing functions of the Department of8

Defense (other than the military departments), in the total9

amount of $2,778,531,000 as follows:10



$408,090,000.13



$34,965,000.16

(3) For military construction projects at Annis-17

ton Army Depot, Alabama, authorized by section18

2101(a) of the Military Construction Authorization19

Act for Fiscal Year 1993 (division B of Public Law20

102–484; 106 Stat. 2587), $9,900,000.21

(4) For military construction projects at Walter22

Reed Army Institute of Research, Maryland, hospital23

replacement, authorized by section 2401(a) of the24

526

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Military Construction Authorization Act for Fiscal1

Year 1993 (106 Stat. 2599), $20,000,000.2

(5) For military construction projects at3

Umatilla Army Depot, Oregon, authorized by section4

2401(a) of the Military Construction Authorization5

Act for Fiscal Year 1995 (division B of Public Law6

103–337; 108 Stat. 3040), as amended by section7

2407 of the Military Construction Authorization Act8

for Fiscal Year 1996 (division B of Public Law 104–9

106; 110 Stat. 539) and section 2408(2) of this Act,10

$57,427,000.11

(6) For military construction projects at the12

Defense Finance and Accounting Service, Columbus,13

Ohio, authorized by section 2401(a) of the Military14

Construction Authorization Act of Fiscal Year 199615

(110 Stat. 535), $14,200,000.16

(7) For military construction projects at Ports-17

mouth Naval Hospital, Virginia authorized by sec-18

tion 2401(a) of the Military Construction Authoriza-19

tion Act for Fiscal Years 1990 and 1991 (division20

B of Public Law 101–189; 103 Stat. 1640),21

$34,600,000.22

(8) For contingency construction projects of the23

Secretary of Defense under section 2804 of title 10,24

United States Code, $9,844,000.25

527

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under section 2805 of title 10, United States Code,2

$34,457,000.3




(11) For energy conservation projects author-7

ized by section 2404 of this Act, $25,000,000.8

(12) For base closure and realignment activities9

as authorized by the Defense Base Closure and Re-10

alignment Act of 1990 (part A of title XXIX of11

Public Law 101–510; 10 U.S.C. 2687 note),12

$2,060,854,000.13


(A) For improvement and planning of mili-15

tary family housing and facilities, $4,950,000.16

(B) For support of military housing (in-17

cluding functions described in section 2833 of18

title 10, United States Code), $32,724,000, of19

which not more than $27,673,000 may be obli-20

gated or expended for the leasing of military21

family housing units worldwide.22

(b) LIMITATION OF TOTAL COST OF CONSTRUCTION23

PROJECTS.—Notwithstanding the cost variation author-24


528

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any other cost variations authorized by law, the total cost1


may not exceed the total amount authorized to be appro-3

priated under paragraphs (1) and (2) of subsection (a).4

SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO5

FISCAL YEAR 1997 PROJECT AT NAVAL STA-6

TION, PEARL HARBOR, HAWAII.7

The table in section 2401(a) of the Military Construc-8

tion Authorization Act for Fiscal Year 1997 (division B9

of Public Law 104–201; 110 Stat. 2775) is amended in10

the item relating to Special Operations Command, Naval11

Station, Ford Island, Pearl Harbor, Hawaii, in the instal-12

lation or location column by striking out ‘‘Naval Station,13

Ford Island, Pearl Harbor, Hawaii’’ and inserting in lieu14

thereof ‘‘Naval Station, Pearl City Peninsula, Pearl Har-15

bor, Hawaii’’.16

SEC. 2407. AUTHORITY TO USE PRIOR YEAR FUNDS TO17

CARRY OUT CERTAIN DEFENSE AGENCY MILI-18

TARY CONSTRUCTION PROJECTS.19

(a) AUTHORITY TO USE FUNDS.—Notwithstanding20

any other provision of law and subject to subsection (c),21

the Secretary of Defense may carry out the military con-22

struction projects referred to in subsection (b), in the23

amounts specified in that subsection, using amounts ap-24

propriated pursuant to the authorization of appropriations25

529

S 936 RFH

in section 2405(a)(1) of the Military Construction Author-1

ization Act for Fiscal Year 1995 (division B of Public Law2

103–337; 108 Stat. 3042) for the military construction3

project authorized at McClellan Air Force Base, Califor-4

nia, by section 2401 of that Act (108 Stat. 3041).5

(b) COVERED PROJECTS.—Funds available under6

subsection (a) may be used for military construction7

projects as follows:8

(1) Construction of an addition to the9

Aeromedical Clinic at Anderson Air Base, Guam,10

$3,700,000.11

(2) Construction of an occupational health clin-12

ic facility at Tinker Air Force Base, Oklahoma,13

$6,500,000.14

(c) LIMITATION ON AVAILABILITY.—Unless funds15

available under subsection (a) are obligated for a project16

referred to in subsection (b) by the later of the dates set17

forth in section 2701(a), the authority in subsection (a)18

to use such funds for the project shall expire on the later19

of such dates.20

SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT21

FISCAL YEAR 1995 PROJECTS.22

The table in section 2401 of the Military Construc-23


of Public Law 103–337; 108 Stat. 3040), as amended by25

530

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section 2407 of the Military Construction Authorization1

Act for Fiscal Year 1996 (division B of Public Law 104–2

106; 110 Stat. 539), under the agency heading relating3

to Chemical Weapons and Munitions Destruction, is4

amended—5

(1) in the item relating to Pine Bluff Arsenal,6

Arkansas, by striking out ‘‘$115,000,000’’ in the7

amount column and inserting in lieu thereof8

‘‘$134,000,000’’; and9

(2) in the item relating to Umatilla Army10

Depot, Oregon, by striking out ‘‘$186,000,000’’ in11

the amount column and inserting in lieu thereof12

‘‘$187,000,000’’.13

SEC. 2409. AVAILABILITY OF FUNDS FOR FISCAL YEAR 199514

PROJECT RELATING TO RELOCATABLE OVER-15

THE-HORIZON RADAR, NAVAL STATION ROO-16

SEVELT ROADS, PUERTO RICO.17

(a) AVAILABILITY OF FUNDS.—Notwithstanding any18

other provision of law and except as provided in subsection19

(b), funds appropriated under the heading ‘‘DRUG INTER-20

DICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE’’ in21

title VI of the Department of Defense Appropriations Act,22

1995 (Public Law 103–335; 108 Stat. 2615) for the con-23

struction of a relocatable over-the-horizon radar at Naval24

531

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Station Roosevelt Roads, Puerto Rico, shall be available1

for that purpose until the later of—2

(1) October 1, 1998; or3

(2) the date of enactment of an Act authorizing4

funds for military construction for fiscal year 1999.5

(b) EXCEPTION.—Subsection (a) shall not apply to6

the use of funds covered by that subsection for the purpose7

specified in that subsection if such funds are obligated be-8

fore the later of the dates specified in that subsection.9

TITLE XXV—NORTH ATLANTIC10

TREATY ORGANIZATION SE-11

CURITY INVESTMENT PRO-12

GRAM13

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND14


The Secretary of Defense may make contributions for16

the North Atlantic Treaty Organization Security Invest-17

ment program as provided in section 2806 of title 10,18

United States Code, in an amount not to exceed the sum19

of the amount authorized to be appropriated for this pur-20

pose in section 2502 and the amount collected from the21

North Atlantic Treaty Organization as a result of con-22

struction previously financed by the United States.23

532

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SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.1


fiscal years beginning after September 30, 1997, for con-3

tributions by the Secretary of Defense under section 28064

of title 10, United States Code, for the share of the United5

States of the cost of projects for the North Atlantic Treaty6

Organization Security Investment program authorized by7

section 2501, in the amount of $152,600,000.8

TITLE XXVI—GUARD AND9

RESERVE FORCES FACILITIES10

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-11

TION AND LAND ACQUISITION PROJECTS.12

There are authorized to be appropriated for fiscal13

years beginning after September 30, 1997, for the costs14

of acquisition, architectural and engineering services, and15

construction of facilities for the Guard and Reserve16

Forces, and for contributions therefor, under chapter17

1803 of title 10, United States Code (including the cost18

of acquisition of land for those facilities), the following19

amounts:20

(1) For the Department of the Army—21

(A) for the Army National Guard of the22

United States, $165,345,000; and23

(B) for the Army Reserve, $87,640,000.24

(2) For the Department of the Navy, for the25

Naval and Marine Corps Reserve, $21,213,000.26

533

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(3) For the Department of the Air Force—1

(A) for the Air National Guard of the2

United States, $193,269,000; and3

(B) for the Air Force Reserve,4

$34,580,000.5

SEC. 2602. AUTHORIZATION OF ARMY NATIONAL GUARD6

CONSTRUCTION PROJECT, AVIATION SUP-7

PORT FACILITY, HILO, HAWAII, FOR WHICH8

FUNDS HAVE BEEN APPROPRIATED.9

Section 2601(1)(A) of the Military Construction Au-10

thorization Act for Fiscal Year 1997 (division B of Public11

Law 104–201; 110 Stat. 2780) is amended by striking12

out ‘‘$59,194,000’’ and inserting in lieu thereof13

‘‘$65,094,000’’.14

TITLE XXVII—EXPIRATION AND15

EXTENSION OF AUTHORIZA-16

TIONS17

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND18

AMOUNTS REQUIRED TO BE SPECIFIED BY19

LAW.20

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE21

YEARS.—Except as provided in subsection (b), all author-22

izations contained in titles XXI through XXVI for military23

construction projects, land acquisition, family housing24

projects and facilities, and contributions to the North At-25

534

S 936 RFH

lantic Treaty Organization Security Investment program1

(and authorizations of appropriations therefor) shall ex-2

pire on the later of—3

(1) October 1, 2000; or4

(2) the date for the enactment of an Act au-5

thorizing funds for military construction for fiscal6

year 2001.7


authorizations for military construction projects, land ac-9

quisition, family housing projects and facilities, and con-10

tributions to the North Atlantic Treaty Organization Se-11

curity Investment program (and authorizations of appro-12

priations therefor), for which appropriated funds have13

been obligated before the later of—14

(1) October 1, 2000; or15

(2) the date of the enactment of an Act author-16

izing funds for fiscal year 2001 for military con-17

struction projects, land acquisition, family housing18

projects and facilities, or contributions to the North19

Atlantic Treaty Organization Security Investment20

program.21

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN22


(a) EXTENSIONS.—Notwithstanding section 2701 of24

the Military Construction Authorization Act for Fiscal25

535

S 936 RFH


3046), authorizations for the projects set forth in the ta-2

bles in subsection (b), as provided in section 2101, 2201,3

2202, 2301, 2302, 2401, or 2601 of that Act, shall remain4

in effect until October 1, 1998, or the date of the enact-5

ment of an Act authorizing funds for military construction6

for fiscal year 1999, whichever is later.7

(b) TABLES.—The tables referred to in subsection (a)8

are as follows:9

Army: Extension of 1995 Project Authorization

State Installation or lo-cation Project Amount

California ................. Fort Irwin .............. National Train-

ing Center

Airfield

Phase I.

$10,000,000

Navy: Extension of 1995 Project Authorizations


Maryland ................. Indian Head Naval

Surface Warfare

Center.

Upgrade Power

Plant.

$4,000,000

Indian Head Naval

Surface Warfare

Center.

Denitrification/

Acid Mixing

Facility.

$6,400,000

Virginia .................... Norfolk Marine

Corps Security

Force Battalion

Atlantic.

Bachelor En-

listed

Quarters.

$6,480,000

Washington .............. Naval Station,

Everett.

Housing Office $780,000

CONUS Classified ... Classified Location Aircraft Fire

and Rescue

and Vehicle

Maintenance

Facilities.

$2,200,000

Air Force: Extension of 1995 Project Authorizations


California ................. Beale Air Force

Base.

Consolidated

Support

Center.

$10,400,000

536

S 936 RFH

Air Force: Extension of 1995 Project Authorizations—

Continued


Los Angeles Air

Force Station.

Family Hous-

ing (50

units).

$8,962,000

North Carolina ........ Pope Air Force

Base.

Combat Control

Team

Facility.

$2,450,000

Pope Air Force

Base.

Fire Training

Facility.

$1,100,000

Defense Agencies: Extension of 1995 Project Authorizations


Alabama ................... Anniston Army

Depot.

Carbon Filtra-

tion System.

$5,000,000

Arkansas .................. Pine Bluff Arsenal Ammunition

Demilitariza-

tion Facility.

$115,000,000

California ................. Defense Contract

Management Area

Office, El

Segundo.

Administrative

Building.

$5,100,000

Oregon ..................... Umatilla Army

Depot.

Ammunition

Demilitariza-

tion Facility.

$186,000,000

Army National Guard: Extension of 1995 ProjectAuthorizations


California ................. Camp Roberts ........ Modify Record

Fire/Mainte-

nance Shop.

$3,910,000

Camp Roberts ........ Combat Pistol

Range.

$952,000

Pennsylvania ............ Fort Indiantown

Gap.

Barracks ......... $6,200,000

Naval Reserve: Extension of 1995 Project Authorization


Georgia .................... Naval Air Station

Marietta.

Training Center $2,650,000



(a) EXTENSION.—Notwithstanding section 2701 of3


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1880), authorizations for the projects set forth in the table2

in subsection (b), as provided in section 2201 of that Act3

and extended by section 2702(a) of the Military Construc-4


of Public Law 104–201; 110 Stat. 2783), shall remain in6

effect until October 1, 1998, or the date of the enactment7

of an Act authorizing funds for military construction for8

fiscal year 1999, whichever is later.9

(b) TABLE.—The table referred to in subsection (a)10

is as follows:11

Navy: Extension of 1994 Project Authorizations

State Installation or loca-tion Project Amount

California ...................... Camp Pendleton Ma-

rine Corps Base.

Sewage Facility $7,930,000

Connecticut ................... New London Naval

Submarine Base.

Hazardous

Waste Trans-

fer Facility.

$1,450,000

SEC. 2704. EXTENSION OF AUTHORIZATION OF FISCAL12

YEAR 1993 PROJECT.13

(a) EXTENSION.—Notwithstanding section 2701 of14



2602), the authorization for the project set forth in the17

table in subsection (b), as provided in section 2101 of that18

Act and extended by section 2702 of the Military Con-19

struction Authorization Act for Fiscal Year 1996 (division20

B of Public Law 104–106; 110 Stat. 541) and section21

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S 936 RFH

2703 of the Military Construction Authorization Act for1

Fiscal Year 1997 (division B of Public Law 104–201; 1102

Stat. 2784), shall remain in effect until October 1, 1998,3

or the date of enactment of an Act authorizing funds for4

military construction for fiscal year 1999, whichever is5

later.6


is as follows:8

Army: Extension of 1993 Project Authorization


Arkansas .................. Pine Bluff Arsenal Ammunition

Demilitariza-

tion Support

Facility.

$15,000,000



(a) EXTENSIONS.—Notwithstanding section 2701 of11



1535), authorizations for the projects set forth in the table14

in subsection (b), as provided in section 2101 of that Act15

and extended by section 2702 of the Military Construction16

Authorization Act for Fiscal Year 1995 (division B of17

Public Law 103–337; 108 Stat. 3047), section 2703 of18



543), and section 2704 of the Military Construction Au-21

thorization Act for Fiscal Year 1997 (division B of Public22

539

S 936 RFH

Law 104–201; 110 Stat. 2785), shall remain in effect1

until October 1, 1998, or the date of enactment of an Act2

authorizing funds for military construction for fiscal year3

1999, whichever is later.4


is as follows:6

Army: Extension of 1992 Project Authorizations


Oregon ..................... Umatilla Army

Depot.

Ammunition

Demilitariza-

tion Support

Facility.

$3,600,000

Umatilla Army

Depot.

Ammunition

Demilitariza-

tion Utilities.

$7,500,000

SEC. 2706. EFFECTIVE DATE.7

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI8

shall take effect on the later of—9

(1) October 1, 1997; or10

(2) the date of the enactment of this Act.11

TITLE XXVIII—GENERAL12

PROVISIONS13

Subtitle A—Military Construction14

Program and Military Family15

Housing Changes16

SEC. 2801. INCREASE IN CEILING FOR MINOR LAND ACQUI-17

SITION PROJECTS.18

(a) INCREASE.—Section 2672 of title 10, United19

States Code, is amended by striking out ‘‘$200,000’’ each20

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S 936 RFH

place it appears in subsection (a) and inserting in lieu1

thereof ‘‘$500,000’’.2

(b) CONFORMING AMENDMENTS.—(1) The section3

heading for such section is amended by striking out4

‘‘$200,000’’ and inserting in lieu thereof ‘‘$500,000’’.5


159 of such title is amended in the item relating to section7

2672 by striking out ‘‘$200,000’’ and inserting in lieu8

thereof ‘‘$500,000’’.9

SEC. 2802. SALE OF UTILITY SYSTEMS OF THE MILITARY10

DEPARTMENTS.11

(a) IN GENERAL.—Chapter 159 of title 10, United12


ing:14

‘‘§ 2695. Sale of utility systems15

‘‘(a) AUTHORITY.—The Secretary of the military de-16

partment concerned may convey all right, title, and inter-17

est of the United States, or any lesser estate thereof, in18

and to all or part of a utility system located on or adjacent19

to a military installation under the jurisdiction of the Sec-20

retary to a municipal utility, private utility, regional or21

district utility, or cooperative utility or other appropriate22

entity.23

‘‘(b) SELECTION OF PURCHASER.—If more than one24

utility or entity referred to in subsection (a) notifies the25

541

S 936 RFH

Secretary concerned of an interest in a conveyance under1

that subsection, the Secretary shall carry out the convey-2

ance through the use of competitive procedures.3

‘‘(c) CONSIDERATION.—4

‘‘(1) IN GENERAL.—The Secretary concerned5

shall accept as consideration for a conveyance under6

subsection (a) an amount equal to the fair market7

value (as determined by the Secretary) of the right,8

title, or interest conveyed.9

‘‘(2) FORM OF CONSIDERATION.—Consideration10

under this subsection may take the form of—11

‘‘(A) a lump sum payment; or12

‘‘(B) a reduction in charges for utility13

services provided the military installation con-14

cerned by the utility or entity concerned.15

‘‘(3) TREATMENT OF PAYMENTS.—16

‘‘(A) CREDITING.—A lump sum payment17

received under paragraph (2)(A) shall be cred-18

ited, at the election of the Secretary—19

‘‘(i) to an appropriation of the mili-20

tary department concerned available for21

the procurement of the same utility serv-22

ices as are provided by the utility system23

conveyed under this section;24

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S 936 RFH

‘‘(ii) to an appropriation of the mili-1

tary department available for carrying out2

energy savings projects or water conserva-3

tion projects; or4

‘‘(iii) to an appropriation of the mili-5

tary department available for improve-6

ments to other utility systems on the in-7

stallation concerned.8

‘‘(B) AVAILABILITY.—Amounts so credited9

shall be merged with funds in the appropriation10

to which credited and shall be available for the11

same purposes, and subject to the same condi-12

tions and limitations, as the appropriation with13

which merged.14

‘‘(d) INAPPLICABILITY OF CERTAIN CONTRACTING15

REQUIREMENTS.—Sections 2461, 2467, and 2468 of this16

title shall not apply to the conveyance of a utility system17


‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Sec-19

retary concerned may not make a conveyance under sub-20

section (a) until—21

‘‘(1) the Secretary submits to the Committees22

on Armed Services and Appropriations of the Senate23

and the Committees on National Security and Ap-24

propriations of the House of Representatives an eco-25

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S 936 RFH

nomic analysis (based upon accepted life-cycle cost-1

ing procedures) demonstrating that—2

‘‘(A) the long-term economic benefit of the3

conveyance to the United States exceeds the4

long-term economic cost of the conveyance to5

the United States; and6

‘‘(B) the conveyance will reduce the long-7

term costs of the United States for utility serv-8

ices provided by the utility system concerned;9

and10

‘‘(2) a period of 21 days has elapsed after the11

date on which the economic analysis is received by12

the committees.13

‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The14

Secretary concerned may require such additional terms15

and conditions in connection with a conveyance under sub-16

section (a) as such Secretary considers appropriate to pro-17

tect the interests of the United States.18

‘‘(g) UTILITY SYSTEM DEFINED.—For purposes of19

this section:20

‘‘(1) IN GENERAL.—The term ‘utility system’21

means the following:22

‘‘(A) A system for the generation and sup-23

ply of electric power.24

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S 936 RFH

‘‘(B) A system for the treatment or supply1

of water.2

‘‘(C) A system for the collection or treat-3

ment of wastewater.4

‘‘(D) A system for the generation and sup-5

ply of steam, hot water, and chilled water.6

‘‘(E) A system for the supply of natural7

gas.8

‘‘(2) INCLUSIONS.—The term ‘utility system’9

includes the following:10

‘‘(A) Equipment, fixtures, structures, and11

other improvements utilized in connection with12

a system referred to in paragraph (1).13

‘‘(B) Easements and rights-of-ways associ-14

ated with a system referred to in that para-15

graph.’’.16




‘‘2695. Sale of utility systems.’’.

SEC. 2803. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL20

PROPERTY TRANSACTIONS.21

(a) IN GENERAL.—(1) Chapter 159 of title 10,22

United States Code, as amended by section 2802 of this23

Act, is further amended by adding at the end the follow-24

ing:25

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S 936 RFH

‘‘§ 2696. Administrative expenses relating to certain1

real property transactions2

‘‘(a) AUTHORITY TO COLLECT.—Upon entering into3

a transaction referred to in subsection (b) with a non-Fed-4

eral person or entity, the Secretary of a military depart-5

ment may collect from the person or entity an amount6

equal to the administrative expenses incurred by the Sec-7

retary in entering into the transaction.8

‘‘(b) COVERED TRANSACTIONS.—Subsection (a) ap-9

plies to the following transactions:10

‘‘(1) The exchange of real property.11

‘‘(2) The grant of an easement over, in, or upon12

real property of the United States.13

‘‘(3) The lease or license of real property of the14

United States.15

‘‘(c) USE OF AMOUNTS COLLECTED.—Amounts col-16

lected under subsection (a) for administrative expenses17

shall be credited to the appropriation, fund, or account18

from which such expenses were paid. Amounts so credited19

shall be merged with funds in such appropriation, fund,20

or account and shall be available for the same purposes21

and subject to the same limitations as the funds with22

which merged.’’.23

546

S 936 RFH


159 of such title, as so amended, is further amended by2

adding at the end the following:3

‘‘2696. Administrative expenses relating to certain real property transactions.’’.

(b) CONFORMING AMENDMENT.—Section 2667(d)(4)4

of such title is amended by striking out ‘‘to cover the ad-5

ministrative expenses of leasing for such purposes and’’.6

SEC. 2804. USE OF FINANCIAL INCENTIVES FOR ENERGY7

SAVINGS AND WATER COST SAVINGS.8

(a) IN GENERAL.—Section 2865(b) of title 10,9


(1) in paragraph (1), by striking out ‘‘and fi-11

nancial incentives described in subsection (d)(2)’’;12

(2) in paragraph (2)—13

(A) by striking out ‘‘section 2866(b)’’ in14

the matter preceding subparagraph (A) and in-15

serting in lieu thereof ‘‘section 2866(b)(2)’’;16

and17

(B) by striking out ‘‘section 2866(b)’’ in18

subparagraph (A) and inserting in lieu thereof19

‘‘section 2866(b)(2)’’; and20


‘‘(3)(A) Financial incentives received from gas or22

electric utilities under subsection (d)(2), and from utilities23

for water demand or conservation under section24

2866(b)(1) of this title, shall be credited to an appropria-25

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tion designated by the Secretary of Defense. Amounts so1

credited shall be merged with the appropriation to which2

credited and shall be available for the same purposes and3

the same period as the appropriation with which merged.4

‘‘(B) The Secretary shall include in the annual report5

under subsection (f) the amounts of financial incentives6

credited under this paragraph during the year of the re-7

port and the purposes for which such amounts were uti-8

lized in that year.’’.9

(b) CONFORMING AMENDMENT.—Section 2866(b) of10

such title is amended to read as follows:11

‘‘(b) USE OF FINANCIAL INCENTIVES AND WATER12

COST SAVINGS.—(1) Financial incentives received under13

subsection (a)(2) shall be used as provided in paragraph14

(3) of section 2865(b) of this title.15

‘‘(2) Water cost savings realized under subsection16

(a)(3) shall be used as provided in paragraph (2) of that17

section.’’.18

SEC. 2805. SCREENING OF REAL PROPERTY TO BE CON-19

VEYED BY THE DEPARTMENT OF DEFENSE.20

(a) REQUIREMENT.—(1) Chapter 159 of title 10,21

United States Code, as amended by section 2803 of this22

Act, is further amended by adding at the end the follow-23

ing:24

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S 936 RFH

‘‘§ 2697. Screening of certain real property before1

conveyance2

‘‘(a) REQUIREMENT.—(1) Notwithstanding any other3

provision of law and except as provided in subsection (b),4

the Secretary concerned may not convey real property that5

is authorized or required to be conveyed, whether for or6

without consideration, by any provision of law unless the7

Administrator of General Services determines that the8

property is surplus property to the United States in ac-9

cordance with the Federal Property and Administrative10

Services Act of 1949.11

‘‘(2) The Administrator shall complete the screening12

required for purposes of paragraph (1) not later than 3013

days after the date of enactment of the provision authoriz-14

ing or requiring the conveyance of the real property con-15

cerned.16

‘‘(3)(A) As part of the screening of real property17

under this subsection, the Administrator shall determine18

the fair market value of the property, including any im-19

provements thereon.20

‘‘(B) In the case of real property determined to be21

surplus, the Administrator shall submit to Congress a22

statement of the fair market value of the property, includ-23

ing any improvements thereon, not later than 30 days24

after the completion of the screening.25

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S 936 RFH

‘‘(b) EXCEPTED AUTHORITY.—Subsection (a) shall1

not apply to real property authorized or required to be2

disposed of under the following provisions of law:3

‘‘(1) Section 2687 of this title.4

‘‘(2) Title II of the Defense Authorization5

Amendments and Base Closure and Realignment6

Act (Public Law 100–526; 10 U.S.C. 2687 note).7

‘‘(3) The Defense Base Closure and Realign-8

ment Act of 1990 (part A of title XXIX of Public9

Law 101–510; 10 U.S.C. 2687 note).10

‘‘(4) Any provision of law authorizing the clo-11

sure or realignment of a military installation that is12

enacted after the date of enactment of the National13

Defense Authorization Act for Fiscal Year 1998.14

‘‘(5) Title II of the Federal Property and Ad-15

ministrative Services Act of 1949 (40 U.S.C. 481 et16

seq.).17

‘‘(c) LIMITATION ON MODIFICATION OR WAIVER.—18

A provision of law may not be construed as modifying or19

superseding the provisions of subsection (a) unless that20

provision of law—21

‘‘(A) specifically refers to this section; and22

‘‘(B) specifically states that such provision of23

law modifies or supersedes the provisions of sub-24


550

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chapter, as so amended, is further amended by adding at2

the end the following:3

‘‘2697. Screening of certain real property before conveyance.’’.

(b) APPLICABILITY.—Section 2697 of title 10, United4

States Code, as added by subsection (a) of this section,5

shall apply with respect to any real property authorized6

or required to be conveyed under a provision of law cov-7

ered by such section that is enacted after December 31,8

1996.9

Subtitle B—Land Conveyances10

SEC. 2811. MODIFICATION OF AUTHORITY FOR DISPOSAL11

OF CERTAIN REAL PROPERTY, FORT12

BELVOIR, VIRGINIA.13

(a) REPEAL OF AUTHORITY TO CONVEY.—Section14

2821 of the Military Construction Authorization Act for15

Fiscal Years 1990 and 1991 (division B of Public Law16

101–189; 103 Stat. 1658), as amended by section 285417



568), is repealed.20

(b) TREATMENT AS SURPLUS PROPERTY.—(1) Not-21

withstanding any other provision of law, the real property22

described in paragraph (2) shall be deemed to be surplus23

property for purposes of section 203 of the Federal Prop-24

551

S 936 RFH

erty and Administrative Services Act of 1949 (40 U.S.C.1

484).2

(2) Paragraph (1) applies to a parcel of real property,3

including improvements thereon, at Fort Belvoir, Virginia,4

consisting of approximately 820 acres and known as the5

Engineer Proving Ground.6

SEC. 2812. CORRECTION OF LAND CONVEYANCE AUTHOR-7

ITY, ARMY RESERVE CENTER, ANDERSON,8

SOUTH CAROLINA.9

(a) CORRECTION OF CONVEYEE.—Subsection (a) of10

section 2824 of the Military Construction Authorization11

Act for Fiscal Year 1997 (division B of Public Law 104–12

201; 110 Stat. 2793) is amended by striking out ‘‘County13

of Anderson, South Carolina (in this section referred to14

as the ‘County’)’’ and inserting in lieu thereof ‘‘Board of15

Education, Anderson County, South Carolina (in this sec-16

tion referred to as the ‘Board’)’’.17

(b) CONFORMING AMENDMENTS.—Subsections (b)18

and (c) of such section are each amended by striking out19

‘‘County’’ and inserting in lieu thereof ‘‘Board’’.20

SEC. 2813. LAND CONVEYANCE, HAWTHORNE ARMY AMMU-21

NITION DEPOT, MINERAL COUNTY, NEVADA.22

(a) CONVEYANCE AUTHORIZED.—The Secretary of23

the Army may convey, without consideration, to Mineral24

County, Nevada (in this section referred to as the ‘‘Coun-25

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S 936 RFH

ty’’), all right, title, and interest of the United States in1

and to a parcel of excess real property, including improve-2

ments thereon, consisting of approximately 33.1 acres lo-3

cated at Hawthorne Army Ammunition Depot, Mineral4

County, Nevada, and commonly referred to as the Schweer5

Drive Housing Area.6

(b) CONDITIONS OF CONVEYANCE.—The conveyance7

authorized by subsection (a) shall be subject to the follow-8

ing conditions:9

(1) That the County accept the conveyed prop-10

erty subject to such easements and rights of way in11

favor of the United States as the Secretary considers12

appropriate.13

(2) That the County, if the County sells any14

portion of the property conveyed under subsection15

(a) before the end of the 10-year period beginning16

on the date of enactment of this Act, pay to the17

United States an amount equal to the lesser of—18

(A) the amount of sale of the property19

sold; or20

(B) the fair market value of the property21

sold as determined without taking into account22

any improvements to such property by the23

County.24

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S 936 RFH

(c) DESCRIPTION OF PROPERTY.—The exact acreage1

and legal description of the real property to be conveyed2

under subsection (a), and of any easement or right of way3

granted under subsection (b)(1), shall be determined by4

a survey satisfactory to the Secretary. The cost of the sur-5

vey shall be borne by the County.6

(d) ADDITIONAL TERMS AND CONDITIONS.—The7

Secretary may require such additional terms and condi-8

tions in connection with the conveyance under subsection9

(a), and any easement or right of way granted under sub-10

section (b)(1), as the Secretary considers appropriate to11

protect the interests of the United States.12

SEC. 2814. LONG-TERM LEASE OF PROPERTY, NAPLES,13

ITALY.14

(a) AUTHORITY.—The Secretary of the Navy may ac-15

quire by long-term lease structures and real property re-16

lating to a regional hospital complex in Naples, Italy, that17

the Secretary determines to be necessary for purposes of18

the Naples Improvement Initiative.19

(b) LEASE TERM.—Notwithstanding section 2675 of20

title 10, United States Code, the lease authorized by sub-21

section (a) shall be for a term of not more than 20 years.22

(c) EXPIRATION OF AUTHORITY.—The authority of23

the Secretary to enter into a lease under subsection (a)24

shall expire on September 30, 2002.25

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S 936 RFH

(d) AUTHORITY CONTINGENT ON APPROPRIATIONS1

ACTS.—The Secretary may exercise the authority under2

subsection (a) only to the extent and in the amounts pro-3

vided in advance in appropriations Acts.4

SEC. 2815. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL5

AIR STATION, BRUNSWICK, MAINE.6


the Navy may convey, without consideration, to the Maine8

School Administrative District No. 75, Topsham, Maine9

(in this section referred to as the ‘‘District’’), all right,10

title, and interest of the United States in and to a parcel11

of real property, including improvements thereon, consist-12

ing of approximately 40 acres located at the Topsham13

Annex, Naval Air Station, Brunswick, Maine.14

(b) CONDITION OF CONVEYANCE.—The conveyance15

under subsection (a) shall be subject to the condition that16

the District use the property conveyed for educational pur-17

poses.18

(c) REVERSION.—If the Secretary determines at any19

time that the real property conveyed pursuant to this sec-20

tion is not being used for the purpose specified in sub-21

section (b), all right, title, and interest in and to the prop-22

erty, including any improvements thereon, shall revert to23

the United States, and the United States shall have the24

right of immediate entry thereon.25

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S 936 RFH

(d) INTERIM LEASE.—(1) Until such time as the real1

property described in subsection (a) is conveyed by deed,2

the Secretary may lease the property, together with the3

improvements thereon, to the District.4

(2) As consideration for the lease under this sub-5

section, the District shall provide such security services6

for the property covered by the lease, and carry out such7

maintenance work with respect to the property, as the Sec-8

retary shall specify in the lease.9

(e) DESCRIPTION OF PROPERTY.—The exact acreage10

and legal description of the property conveyed under sub-11

section (a) shall be determined by a survey satisfactory12

to the Secretary. The District shall bear the cost of the13

survey.14

(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-15

retary may require such additional terms and conditions16

in connection with the conveyance under subsection (a),17

and the lease, if any, under subsection (d), as the Sec-18

retary considers appropriate to protect the interests of the19

United States.20

SEC. 2816. LAND CONVEYANCE, NAVAL WEAPONS INDUS-21

TRIAL RESERVE PLANT NO. 464, OYSTER BAY,22

NEW YORK.23

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary24

of the Navy may convey, without consideration, to the25

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County of Nassau, New York (in this section referred to1

as the ‘‘County’’), all right, title, and interest of the2

United States in and to parcels of real property consisting3

of approximately 110 acres and comprising the Naval4

Weapons Industrial Reserve Plant No. 464, Oyster Bay,5

New York.6

(2)(A) As part of the conveyance authorized in para-7

graph (1), the Secretary may convey to the County such8

improvements, equipment, fixtures, and other personal9

property (including special tooling equipment and special10

test equipment) located on the parcels as the Secretary11

determines to be not required by the Navy for other pur-12

poses.13

(B) The Secretary may permit the County to review14

and inspect the improvements, equipment, fixtures, and15

other personal property located on the parcels for purposes16

of the conveyance authorized by this paragraph.17


of the parcels authorized in subsection (a) shall be subject19

to the condition that the County—20

(1) use the parcels, directly or through an21

agreement with a public or private entity, for eco-22

nomic redevelopment purposes or such other public23

purposes as the County determines appropriate; or24

557

S 936 RFH

(2) convey the parcels to an appropriate public1

or private entity for use for such purposes.2

(c) REVERSIONARY INTEREST.—If during the 5-year3

period beginning on the date the Secretary makes the con-4

veyance authorized under subsection (a) the Secretary de-5

termines that the conveyed real property is not being used6

for a purpose specified in subsection (b), all right, title,7

and interest in and to the property, including any improve-8

ments thereon, shall revert to the United States and the9

United States shall have the right of immediate entry onto10

the property. Any determination of the Secretary under11

this subsection shall be made on the record after an oppor-12

tunity for a hearing.13

(d) INTERIM LEASE.—(1) Until such time as the real14

property described in subsection (a) is conveyed by deed,15

the Secretary may lease the property, together with im-16

provements thereon, to the County.17

(2) As consideration for the lease under this sub-18

section, the County shall provide such security services19

and fire protection services for the property covered by20

the lease, and carry out such maintenance work with re-21

spect to the property, as the Secretary shall specify in the22

lease.23

(e) DESCRIPTION OF PROPERTY.—The exact acreage24

and legal description of the real property to be conveyed25

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S 936 RFH

under subsection (a) shall be determined by a survey satis-1

factory to the Secretary. The cost of the survey shall be2

borne by the County.3



in connection with the conveyance under subsection (a),6

and the lease, if any, under subsection (d), as the Sec-7

retary considers appropriate to protect the interests of the8

United States.9

SEC. 2817. LAND CONVEYANCE, CHARLESTON FAMILY10

HOUSING COMPLEX, BANGOR, MAINE.11


the Air Force may convey, without consideration, to the13

City of Bangor, Maine (in this section referred to as the14

‘‘City’’), all right, title, and interest of the United States15

in and to a parcel of real property consisting of approxi-16

mately 19.8 acres, including improvements thereon, lo-17

cated in Bangor, Maine, and known as the Charleston18

Family Housing Complex.19

(b) PURPOSE OF CONVEYANCE.—The purpose of the20

conveyance under subsection (a) is to facilitate the reuse21

of the real property, currently unoccupied, which the City22

proposes to use to provide housing opportunities for first-23

time home buyers.24

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S 936 RFH

(c) CONDITION OF CONVEYANCE.—The conveyance1

authorized by subsection (a) shall be subject to the condi-2

tion that the City, if the City sells any portion of the prop-3

erty conveyed under subsection (a) before the end of the4

10-year period beginning on the date of enactment of this5

Act, pay to the United States an amount equal to the less-6

er of—7

(1) the amount of sale of the property sold; or8

(2) the fair market value of the property sold9

as determined without taking into account any im-10

provements to such property by the City.11

(d) DESCRIPTION OF PROPERTY.—The exact acreage12

and legal description of the real property conveyed under13

subsection (a) shall be determined by a survey satisfactory14

to the Secretary. The cost of the survey shall be borne15

by the City.16




(a) as the Secretary considers appropriate to protect the20

interests of the United States.21

SEC. 2818. LAND CONVEYANCE, ELLSWORTH AIR FORCE22

BASE, SOUTH DAKOTA.23


the Air Force may convey, without consideration, to the25

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Greater Box Elder Area Economic Development Corpora-1

tion, Box Elder, South Dakota (in this section referred2

to as the ‘‘Corporation’’), all right, title, and interest of3

the United States in and to the parcels of real property4

located at Ellsworth Air Force Base, South Dakota, re-5

ferred to in subsection (b).6

(b) COVERED PROPERTY.—(1) Subject to paragraph7

(2), the real property referred to in subsection (a) is the8

following:9

(A) A parcel of real property, together with any10

improvements thereon, consisting of approximately11

53.32 acres and comprising the Skyway Military12

Family Housing Area.13

(B) A parcel of real property, together with any14


137.56 acres and comprising the Renal Heights16

Military Family Housing Area.17

(C) A parcel of real property, together with any18


14.92 acres and comprising the East Nike Military20


(D) A parcel of real property, together with any22


14.69 acres and comprising the South Nike Military24


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(E) A parcel of real property, together with any1


14.85 acres and comprising the West Nike Military3


(2) The real property referred to in subsection (a)5

does not include the portion of the real property referred6

to in paragraph (1)(B) that the Secretary determines to7

be required for the construction of an access road between8

the main gate of Ellsworth Air Force Base and an inter-9

change on Interstate Route 90 located in the vicinity of10

mile marker 67 in South Dakota.11

(c) CONDITIONS OF CONVEYANCE.—The conveyance12

of the real property referred to in subsection (b) shall be13

subject to the following conditions:14

(1) That the Corporation, and any person or15

entity to which the Corporation transfers the prop-16

erty, comply in the use of the property with the ap-17

plicable provisions of the Ellsworth Air Force Base18

Air Installation Compatible Use Zone Study.19

(2) That the Corporation convey a portion of20

the real property referred to in paragraph (1)(A) of21

that subsection, together with any improvements22

thereon, consisting of approximately 20 acres to the23

Douglas School District, South Dakota, for use for24

education purposes.25

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(d) REVERSIONARY INTEREST.—If the Secretary de-1

termines that any portion of the real property conveyed2

under subsection (a) is not being utilized in accordance3

with the applicable provision of subsection (c), all right,4

title, and interest in and to that portion of the real prop-5

erty shall revert to the United States, and the United6

States shall have the right of immediate entry thereon.7

(e) LEGAL DESCRIPTION.—The exact acreage and8

legal description of the property conveyed under sub-9

section (a) shall be determined by a survey satisfactory10


by the Corporation.12



in connection with the conveyance under subsection (a) as15

the Secretary considers appropriate to protect the inter-16

ests of the United States.17

SEC. 2819. MODIFICATION OF LAND CONVEYANCE AUTHOR-18

ITY, ROCKY MOUNTAIN ARSENAL, COLORADO.19

Section 5(c)(1) of the Rocky Mountain Arsenal Na-20

tional Wildlife Refuge Act of 1992 (Public Law 102–402;21

106 Stat. 1966; 16 U.S.C. 668dd note) is amended by22

striking out the second sentence and inserting in lieu23

thereof the following new sentence: ‘‘The Administrator24

shall convey the transferred property to Commerce City,25

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S 936 RFH

Colorado, upon the approval of the City, for consideration1

equal to the fair market value of the property (as deter-2

mined jointly by the Administrator and the City).’’.3

SEC. 2820. LAND CONVEYANCE, ARMY RESERVE CENTER,4

GREENSBORO, ALABAMA.5


the Army may convey, without consideration, to Hale7

County, Alabama, all right, title, and interest of the8

United States in and to a parcel of real property consist-9

ing of approximately 5.17 acres and located at the Army10

Reserve Center, Greensboro, Alabama, that was conveyed11

by Hale County, Alabama, to the United States by war-12

ranty deed dated September 12, 1988.13

(b) DESCRIPTION OF PROPERTY.—The exact acreage14

and legal description of the property conveyed under sub-15

section (a) shall be as described in the deed referred to16

in that subsection.17

(c) ADDITIONAL TERMS AND CONDITIONS.—The18


tions in connection with the conveyance under this section20

as the Secretary considers appropriate to protect the inter-21

ests of the United States.22

564

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SEC. 2821. LAND CONVEYANCE, HANCOCK FIELD, SYRA-1

CUSE, NEW YORK.2


of the Air Force may convey, without consideration, to On-4

ondaga County, New York (in this section referred to as5

the ‘‘County’’), all right, title, and interest of the United6

States in and to a parcel of real property, including any7

improvements thereon, consisting of approximately 14.98

acres and located at Hancock Field, Syracuse, New York,9

the site of facilities no longer required for use by the10

152nd Air Control Group of the New York Air National11

Guard.12

(2) If at the time of the conveyance authorized by13

paragraph (1) the property is under the jurisdiction of the14

Administrator of General Services, the Administrator shall15

make the conveyance.16


authorized by subsection (a) shall be subject to the condi-18

tion that the County use the property conveyed for eco-19

nomic development purposes.20


time that the property conveyed pursuant to this section22

is not being used for the purposes specified in subsection23

(b), all right, title, and interest in and to the property,24

including any improvements thereon, shall revert to the25

565

S 936 RFH

United States, and the United States shall have the right1

of immediate entry thereon.2

(d) DESCRIPTION OF PROPERTY.—The exact acreage3

and legal description of the property to be conveyed under4

subsection (a) shall be determined by a survey satisfactory5


by the County.7






SEC. 2822. LAND CONVEYANCE, HAVRE AIR FORCE STA-13

TION, MONTANA, AND HAVRE TRAINING SITE,14

MONTANA.15


of the Air Force may convey, without consideration, to the17

Bear Paw Development Corporation, Havre, Montana (in18

this section referred to as the ‘‘Corporation’’), all, right,19

title, and interest of the United States in and to the real20

property described in paragraph (2).21

(2) The authority in paragraph (1) applies to the fol-22

lowing real property:23

(A) A parcel of real property, including any im-24

provements thereon, consisting of approximately 8525

566

S 936 RFH

acres and comprising the Havre Air Force Station,1

Montana.2

(B) A parcel of real property, including any im-3

provements thereon, consisting of approximately 94

acres and comprising the Havre Training Site, Mon-5

tana.6

(b) CONDITIONS OF CONVEYANCE.—The conveyance7

authorized by subsection (a) shall be subject to the follow-8

ing conditions:9

(1) That the Corporation—10

(A) convey to the Box Elder School Dis-11

trict 13G, Montana, 10 single-family homes lo-12

cated on the property to be conveyed under that13

subsection as jointly agreed upon by the Cor-14

poration and the school district; and15

(B) grant the school district access to the16

property for purposes of removing the homes17

from the property.18


(A) convey to the Hays/Lodgepole School20

District 50, Montana—21

(i) 27 single-family homes located on22

the property to be conveyed under that23

subsection as jointly agreed upon by the24

Corporation and the school district;25

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S 936 RFH

(ii) one barracks housing unit located1

on the property;2

(iii) two steel buildings (nos. 7 and 8)3

located on the property;4

(iv) two tin buildings (nos. 37 and 44)5

located on the property; and6

(v) miscellaneous personal property lo-7

cated on the property that is associated8

with the buildings conveyed under this sub-9

paragraph; and10

(B) grant the school district access to the11

property for purposes of removing such homes12

and buildings, the housing unit, and such per-13

sonal property from the property.14


(A) convey to the District 4 Human Re-16

sources Development Council, Montana, eight17

single-family homes located on the property to18

be conveyed under that subsection as jointly19

agreed upon by the Corporation and the coun-20

cil; and21

(B) grant the council access to the prop-22

erty for purposes of removing such homes from23

the property.24

568

S 936 RFH

(4) That any property conveyed under sub-1

section (a) that is not conveyed under this sub-2

section be used for economic development purposes3

or housing purposes.4


time that the property conveyed pursuant to this section6

which is covered by the condition specified in subsection7

(b)(4) is not being used for the purposes specified in that8

subsection, all right, title, and interest in and to such9

property, including any improvements thereon, shall revert10

to the United States, and the United States shall have11

the right of immediate entry thereon.12

(d) DESCRIPTION OF PROPERTY.—The exact acre-13

ages and legal description of the parcels of property con-14

veyed under subsection (a) shall be determined by surveys15

satisfactory to the Secretary. The cost of the surveys shall16

be borne by the Corporation.17






569

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SEC. 2823. LAND CONVEYANCE, FORT BRAGG, NORTH CARO-1

LINA.2

(a) CONVEYANCE AUTHORIZED.—Subject to the pro-3

visions of this section and notwithstanding any other law,4

the Secretary of the Army shall convey, without consider-5

ation, by fee simple absolute deed to Harnett County,6

North Carolina, all right, title, and interest of the United7

States of America in and to two parcels of land containing8

a total of 300 acres, more or less, located at Fort Bragg,9

North Carolina, together with any improvements thereon,10

for educational and economic development purposes.11

(b) TERMS AND CONDITIONS.—The conveyance by12

the United States under this section shall be subject to13

the following conditions to protect the interests of the14

United States, including—15

(1) the County shall pay all costs associated16

with the conveyance, authorized by this section, in-17

cluding but not limited to environmental analysis18

and documentation, survey costs and recording fees;19

(2) notwithstanding the Comprehensive Envi-20

ronmental Response, Compensation and Liability21

Act of 1980, as amended (42 U.S.C. 9601 et seq.)22

the Solid Waste Disposal Act, as amended (4223

U.S.C. 6901 et seq.) or any other law, the County,24

and not the United States, shall be responsible for25

any environmental restoration or remediation re-26

570

S 936 RFH

quired on the property conveyed and the United1

States shall be forever released and held harmless2

from any obligation to conduct such restoration or3

remediation and any claims or causes of action stem-4

ming from such remediation.5

(c) LEGAL DESCRIPTION OF REAL PROPERTY AND6

PAYMENT OF COSTS.—The exact acreage and legal de-7

scription of the real property described in subsection (a)8

shall be determined by a survey, the costs of which the9

County shall bear.10

Subtitle C—Other Matters11

SEC. 2831. DISPOSITION OF PROCEEDS OF SALE OF AIR12

FORCE PLANT NO. 78, BRIGHAM CITY, UTAH.13

Notwithstanding the provisions of section14

204(h)(2)(A) of the Federal Property and Administrative15

Services Act of 1949 (40 U.S.C. 485(h)(2)(A)), the entire16

amount deposited by the Administrator of General Serv-17

ices in the account in the Treasury under section 204 of18

that Act as a result of the sale of Air Force Plant No.19

78, Brigham City, Utah, shall, to the extent provided in20

appropriations Acts, be available to the Secretary of the21

Air Force for maintenance and repair of facilities, or envi-22

ronmental restoration, at other industrial plants of the Air23

Force.24

571

S 936 RFH

SEC. 2832. REPORT ON CLOSURE AND REALIGNMENT OF1

MILITARY BASES.2

(a) REPORT.—The Secretary of Defense shall pre-3

pare and submit to the congressional defense committees4

a report on the costs and savings attributable to the base5

closure rounds before 1996 and on the need, if any, for6

additional base closure rounds.7


shall include the following:9

(1) A statement, using data consistent with10

budget data, of the actual costs and savings (in the11

case of prior fiscal years) and the estimated costs12

and savings (in the case of future fiscal years) at-13

tributable to the closure and realignment of military14

installations as a result of the base closure rounds15

before 1996, set forth by Armed Force, type of facil-16

ity, and fiscal year, including—17

(A) operation and maintenance costs, in-18

cluding costs associated with expanded oper-19

ations and support, maintenance of property,20

administrative support, and allowances for21

housing at installations to which functions are22

transferred as a result of the closure or realign-23

ment of other installations;24

(B) military construction costs, including25

costs associated with rehabilitating, expanding,26

572

S 936 RFH

and constructing facilities to receive personnel1

and equipment that are transferred to installa-2

tions as a result of the closure or realignment3

of other installations;4

(C) environmental cleanup costs, including5

costs associated with assessments and restora-6

tion;7

(D) economic assistance costs, including—8

(i) expenditures on Department of De-9

fense demonstration projects relating to10

economic assistance;11

(ii) expenditures by the Office of Eco-12

nomic Adjustment; and13

(iii) to the extent available, expendi-14

tures by the Economic Development Ad-15

ministration, the Federal Aviation Admin-16

istration, and the Department of Labor re-17

lating to economic assistance;18

(E) unemployment compensation costs,19

early retirement benefits (including benefits20

paid under section 5597 of title 5, United21

States Code), and worker retraining expenses22

under the Priority Placement Program, the Job23

Training Partnership Act, and any other Feder-24

ally-funded job training program;25

573

S 936 RFH

(F) costs associated with military health1

care;2

(G) savings attributable to changes in mili-3

tary force structure; and4

(H) savings due to lower support costs5

with respect to installations that are closed or6

realigned.7

(2) A comparison, set forth by base closure8

round, of the actual costs and savings stated under9

paragraph (1) to the annual estimates of costs and10

savings previously submitted to Congress.11

(3) A list of each military installation at which12

there is authorized to be employed 300 or more civil-13

ian personnel, set forth by Armed Force.14

(4) An estimate of current excess capacity at15

military installations, set forth—16

(A) as a percentage of the total capacity of17

the installations of the Armed Forces with re-18

spect to all installations of the Armed Forces;19

(B) as a percentage of the total capacity of20

the installations of each Armed Force with re-21

spect to the installations of such Armed Force;22

and23

574

S 936 RFH

(C) as a percentage of the total capacity of1

a type of installation with respect to installa-2

tions of such type.3

(5) The types of facilities that would be rec-4

ommended for closure or realignment in the event of5

an additional base closure round, set forth by Armed6

Force.7

(6) The criteria to be used by the Secretary in8

evaluating installations for closure or realignment in9

such event.10

(7) The methodologies to be used by the Sec-11

retary in identifying installations for closure or re-12

alignment in such event.13

(8) An estimate of the costs and savings to be14

achieved as a result of the closure or realignment of15

installations in such event, set forth by Armed Force16

and by year.17

(9) An assessment whether the costs of the clo-18

sure or realignment of installations in such event are19

contained in the current Future Years Defense Plan,20

and, if not, whether the Secretary will recommend21

modifications in future defense spending in order to22

accommodate such costs.23

(c) DEADLINE.—The Secretary shall submit the re-24

port under subsection (a) not later than the date on which25

575

S 936 RFH

the President submits to Congress the budget for fiscal1

year 2000 under section 1105(a) of title 31, United States2

Code.3

(d) REVIEW.—The Congressional Budget Office and4

the Comptroller General shall conduct a review of the re-5

port prepared under subsection (a).6

(e) PROHIBITION ON USE OF FUNDS.—No funds au-7

thorized to be appropriated or otherwise made available8

to the Department of Defense by this Act or any other9

Act may be used for any activities of the Defense Base10

Closure and Realignment Commission established by sec-11

tion 2902(a) of the Defense Base Closure and Realign-12

ment Act of 1990 (part A of title XXIX of Public Law13

101–510; 10 U.S.C. 2687 note) until the later of—14

(1) the date on which the Secretary submits the15

report required by subsection (a); or16

(2) the date on which the Congressional Budget17

Office and the Comptroller General complete a re-18

view of the report under subsection (d).19

(f) SENSE OF SENATE.—It is the sense of the Senate20

that—21

(1) the Secretary should develop a system hav-22

ing the capacity to quantify the actual costs and sav-23

ings attributable to the closure and realignment of24

576

S 936 RFH

military installations pursuant to the base closure1

process; and2

(2) the Secretary should develop the system in3

expedient fashion, so that the system may be used4

to quantify costs and savings attributable to the5

1995 base closure round.6

SEC. 2833. SENSE OF SENATE ON UTILIZATION OF SAVINGS7

DERIVED FROM BASE CLOSURE PROCESS.8


ings:10

(1) Since 1988, the Department of Defense has11

conducted 4 rounds of closures and realignments of12

military installations in the United States, resulting13

in the closure of 97 installations.14

(2) The cost of carrying out the closure or re-15

alignment of installations covered by such rounds is16

estimated by the Secretary of Defense to be17

$23,000,000,000.18

(3) The savings expected as a result of the clo-19

sure or realignment of such installations are esti-20

mated by the Secretary to be $10,300,000,00021

through fiscal year 1996 and $36,600,000,00022

through 2001.23

(4) In addition to such savings, the Secretary24

has estimated recurring savings as a result of the25

577

S 936 RFH

closure or realignment of such installations of ap-1

proximately $5,600,000,000 annually.2

(5) The fiscal year 1997 budget request for the3

Department assumes a savings of between4

$2,000,000,000 and $3,000,000,000 as a result of5

the closure or realignment of such installations,6

which savings were to be dedicated to modernization7

of the Armed Forces. The savings assumed in the8

budget request were not realized.9

(6) The fiscal year 1998 budget request for the10

Department assumes a savings of $5,000,000,000 as11

a result of the closure or realignment of such instal-12

lations, which savings are to be dedicated to mod-13

ernization of the Armed Forces.14

(b) SENSE OF SENATE ON USE OF SAVINGS RESULT-15

ING FROM BASE CLOSURE PROCESS.—It is the sense of16

the Senate that the savings identified in the report under17

section 2832 should be made available to the Department18

of Defense solely for purposes of modernization of new19

weapon systems (including research, development, test,20

and evaluation relating to such modernization) and should21

be used by the Department solely for such purposes.22

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DIVISION C—DEPARTMENT OF1

ENERGY NATIONAL SECURITY2

AUTHORIZATIONS AND3

OTHER AUTHORIZATIONS4

TITLE XXXI—DEPARTMENT OF5

ENERGY NATIONAL SECURITY6

PROGRAMS7

Subtitle A—National Security8

Programs Authorizations9

SEC. 3101. WEAPONS ACTIVITIES.10

(a) STOCKPILE STEWARDSHIP.—Funds are hereby11

authorized to be appropriated to the Department of En-12

ergy for fiscal year 1998 for stockpile stewardship in car-13

rying out weapons activities necessary for national secu-14

rity programs in the amount of $1,726,900,000, to be allo-15

cated as follows:16

(1) For core stockpile stewardship,17

$1,243,100,000, to be allocated as follows:18

(A) For operation and maintenance,19

$1,144,290,000.20

(B) For the accelerated strategic comput-21

ing initiative, $190,800,000.22

(C) For plant projects (including mainte-23

nance, restoration, planning, construction, ac-24

quisition, modification of facilities, and the con-25

579

S 936 RFH

tinuation of projects authorized in prior years,1

and land acquisition related thereto),2

$98,810,000, to be allocated as follows:3

Project 97–D–102, Dual-Axis Radio-4

graphic Hydrodynamic facility, Los Alamos5

National Laboratory, Los Alamos, New6

Mexico, $46,300,000.7

Project 96–D–102, stockpile steward-8

ship facilities revitalization, Phase VI, var-9

ious locations, $19,810,000.10

Project 96–D–103, ATLAS, Los Ala-11

mos National Laboratory, Los Alamos,12

New Mexico, $13,400,000.13

Project 96–D–105, Contained Firing14

Facility addition, Lawrence Livermore Na-15

tional Laboratory, Livermore, California,16

$19,300,000.17

(2) For inertial confinement fusion,18



$217,000,000.21

(B) For the following plant project (includ-22

ing maintenance, restoration, planning, con-23

struction, acquisition, modification of facilities,24

and land acquisition related thereto):25

580

S 936 RFH

Project 96–D–111, National Ignition1

Facility, Lawrence Livermore National2

Laboratory, Livermore, California,3

$197,800,000.4

(3) For technology transfer and education,5

$69,000,000.6

(b) STOCKPILE MANAGEMENT.—Funds are hereby7


ergy for fiscal year 1998 for stockpile management in car-9

rying out weapons activities necessary for national secu-10

rity programs in the amount of $2,033,050,000, to be allo-11

cated as follows:12

(1) For operation and maintenance,13

$1,861,465,000.14

(2) For plant projects (including maintenance,15

restoration, planning, construction, acquisition,16

modification of facilities, and the continuation of17

projects authorized in prior years, and land acquisi-18

tion related thereto), $171,585,000, to be allocated19

as follows:20

Project 98–D–123, stockpile management21

restructuring initiative, tritium facility mod-22

ernization and consolidation, Savannah River23

Site, Aiken, South Carolina, $11,000,000.24

581

S 936 RFH

Project 98–D–124, stockpile management1

restructuring initiative, Y–12 consolidation,2

Oak Ridge, Tennessee, $6,450,000.3

Project 98–D–125, Tritium Extraction Fa-4

cility, Savannah River Site, Aiken, South Caro-5

lina, $9,650,000.6

Project 98–D–126, accelerator production7

of tritium, various locations, $67,865,000.8

Project 97–D–122, nuclear materials stor-9

age facility renovation, Los Alamos National10

Laboratory, Los Alamos, New Mexico,11

$9,200,000.12

Project 97–D–124, steam plant wastewater13

treatment facility upgrade, Y–12 Plant, Oak14

Ridge, Tennessee, $1,900,000.15

Project 96–D–122, sewage treatment qual-16

ity upgrade, Pantex Plant, Amarillo, Texas,17

$6,900,000.18

Project 96–D–123, retrofit heating, ven-19

tilation, and air conditioning and chillers for20

ozone protection, Y–12 Plant, Oak Ridge, Ten-21

nessee, $2,700,000.22

Project 95–D–102, Chemical and Metal-23

lurgy Research Building upgrades project, Los24

582

S 936 RFH

Alamos National Laboratory, Los Alamos, New1

Mexico, $15,700,000.2

Project 95–D–122, sanitary sewer up-3

grade, Y–12 Plant, Oak Ridge, Tennessee,4

$12,600,000.5

Project 94–D–124, hydrogen fluoride sup-6

ply system, Y–12 Plant, Oak Ridge, Tennessee,7

$1,400,000.8

Project 94–D–125, upgrade life safety,9

Kansas City Plant, Kansas City, Missouri,10

$2,000,000.11

Project 93–D–122, life safety upgrades,12

Y–12 Plant, Oak Ridge, Tennessee,13

$2,100,000.14

Project 92–D–126, replace emergency noti-15

fication systems, various locations, $3,200,000.16

Project 88–D–122, facilities capability as-17

surance program, various locations,18

$18,920,000.19

(c) PROGRAM DIRECTION.—Funds are hereby au-20

thorized to be appropriated to the Department of Energy21

for fiscal year 1998 for program direction in carrying out22

weapons activities necessary for national security pro-23

grams in the amount of $268,500,000.24

583

S 936 RFH

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE1

MANAGEMENT.2

(a) ENVIRONMENTAL RESTORATION.—Funds are3

hereby authorized to be appropriated to the Department4

of Energy for fiscal year 1998 for environmental restora-5

tion in carrying out environmental restoration and waste6

management activities necessary for national security pro-7

grams in the amount of $1,741,373,000.8

(b) WASTE MANAGEMENT.—Funds are hereby au-9


for fiscal year 1998 for waste management in carrying out11

environmental restoration and waste management activi-12

ties necessary for national security programs in the13

amount of $1,559,644,000, to be allocated as follows:14


$1,478,876,000.16





tion related thereto), $80,768,000, to be allocated as21

follows:22

Project 98–D–401, H-tank farm storm23

water systems upgrade, Savannah River Site,24

Aiken, South Carolina, $1,000,000.25

584

S 936 RFH

Project 97–D–402, tank farm restoration1

and safe operations, Richland, Washington,2

$13,961,000.3

Project 96–D–408, waste management up-4

grades, various locations, $8,200,000.5

Project 95–D–402, install permanent elec-6

trical service, Waste Isolation Pilot Plant,7

Carlsbad, New Mexico, $176,000.8

Project 95–D–405, industrial landfill V9

and construction/demolition landfill VII, Y–1210

Plant, Oak Ridge, Tennessee, $3,800,000.11

Project 95–D–407, 219–S secondary con-12

tainment upgrade, Richland, Washington,13

$2,500,000.14

Project 94–D–404, Melton Valley storage15

tank capacity increase, Oak Ridge National16

Laboratory, Oak Ridge, Tennessee, $1,219,000.17

Project 94–D–407, initial tank retrieval18

systems, Richland, Washington, $15,100,000.19

Project 93–D–187, high-level waste re-20

moval from filled waste tanks, Savannah River21

Site, Aiken, South Carolina, $17,520,000.22

Project 92–D–172, hazardous waste treat-23

ment and processing facility, Pantex Plant,24

Amarillo, Texas, $5,000,000.25

585

S 936 RFH

Project 89–D–174, replacement high-level1

waste evaporator, Savannah River Site, Aiken,2

South Carolina, $1,042,000.3

Project 86–D–103, decontamination and4

waste treatment facility, Lawrence Livermore5

National Laboratory, Livermore, California,6

$11,250,000.7

(c) TECHNOLOGY DEVELOPMENT.—Funds are here-8

by authorized to be appropriated to the Department of9

Energy for fiscal year 1998 for technology development10

in carrying out environmental restoration and waste man-11

agement activities necessary for national security pro-12

grams in the amount of $237,881,000.13

(d) NUCLEAR MATERIAL AND FACILITY STABILIZA-14

TION.—Funds are hereby authorized to be appropriated15

to the Department of Energy for fiscal year 1998 for nu-16

clear material and facility stabilization in carrying out en-17

vironmental restoration and waste management activities18

necessary for national security programs in the amount19

of $1,266,021,000, to be allocated as follows:20


$1,181,114,000.22




586

S 936 RFH


tion related thereto), $84,907,000, to be allocated as2

follows:3

Project 98–D–453, plutonium stabilization4

and handling system for plutonium finishing5

plant, Richland, Washington, $8,136,000.6

Project 98–D–700, road rehabilitation,7

Idaho National Engineering and Environmental8

Laboratory, Idaho, $500,000.9

Project 97–D–450, actinide packaging and10

storage facility, Savannah River Site, Aiken,11


Project 97–D–451, B-Plant safety class13

ventilation upgrades, Richland, Washington,14

$2,000,000.15

Project 97–D–470, environmental monitor-16

ing laboratory, Savannah River Site, Aiken,17


Project 97–D–473, health physics site sup-19

port facility, Savannah River Site, Aiken, South20

Carolina, $4,200,000.21

Project 96–D–406, spent nuclear fuels22

canister storage and stabilization facility, Rich-23

land, Washington, $16,744,000.24

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Project 96–D–461, electrical distribution1

upgrade, Idaho National Engineering and Envi-2

ronmental Laboratory, Idaho, $2,927,000.3

Project 96–D–464, electrical and utility4

systems upgrade, Idaho Chemical Processing5

Plant, Idaho National Engineering and Envi-6

ronmental Laboratory, Idaho, $14,985,000.7

Project 96–D–471, chlorofluorocarbon8

heating, ventilation, and air conditioning and9

chiller retrofit, Savannah River Site, Aiken,10


Project 95–D–155, upgrade site road in-12

frastructure, Savannah River Site, Aiken, South13

Carolina, $2,713,000.14

Project 95–D–456, security facilities con-15

solidation, Idaho Chemical Processing Plant,16

Idaho National Engineering and Environmental17

Laboratory, Idaho, $602,000.18

(e) POLICY AND MANAGEMENT.—Funds are hereby19


ergy for fiscal year 1998 for policy and management in21

carrying out environmental restoration and waste manage-22

ment activities necessary for national security programs23

in the amount of $18,104,000.24

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(f) ENVIRONMENTAL MANAGEMENT SCIENCE PRO-1

GRAM.—Funds are hereby authorized to be appropriated2

to the Department of Energy for fiscal year 1998 for envi-3

ronmental science and risk policy in carrying out environ-4

mental restoration and waste management activities nec-5

essary for national security programs in the amount of6

$40,000,000.7

(g) PROGRAM DIRECTION.—Funds are hereby au-8


for fiscal year 1998 for program direction in carrying out10

environmental restoration and waste management activi-11

ties necessary for national security programs in the12

amount of $373,251,000.13

SEC. 3103. OTHER DEFENSE ACTIVITIES.14

Funds are hereby authorized to be appropriated to15

the Department of Energy for fiscal year 1998 for other16

defense activities in carrying out programs necessary for17

national security in the amount of $1,582,981,000, to be18

allocated as follows:19

(1) For verification and control technology,20


(A) For nonproliferation and verification22

research and development, $210,000,000.23

(B) For arms control, $214,600,000.24

(C) For intelligence, $33,600,000.25

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(2) For nuclear safeguards and security,1

$47,200,000.2

(3) For security investigations, $20,000,000.3

(4) For emergency management, $27,700,000.4

(5) For program direction, nonproliferation,5

and national security, $84,900,000.6

(6) For environment, safety and health, de-7

fense, $54,000,000.8

(7) For worker and community transition as-9

sistance:10

(A) For assistance, $65,800,000.11

(B) For program direction, $4,700,000.12

(8) For fissile materials disposition:13


$99,451,000.15

(B) For program direction, $4,345,000.16

(9) For naval reactors development,17


(A) For program direction, $20,080,000.19

(B) For plant projects (including mainte-20

nance, restoration, planning, construction, ac-21

quisition, modification of facilities, and the con-22

tinuation of projects authorized in prior years,23

and land acquisition related thereto),24


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Project 98–D–200, site laboratory/fa-1

cility upgrade, various locations,2

$5,700,000.3

Project 97–D–201, advanced test re-4

actor secondary coolant system refurbish-5

ment, Idaho National Engineering and En-6

vironmental Laboratory, Idaho,7

$4,100,000.8

Project 95–D–200, laboratory systems9

and hot cell upgrades, various locations,10

$1,100,000.11

Project 90–N–102, expended core fa-12

cility dry cell project, Naval Reactors Fa-13

cility, Idaho, $3,100,000.14

(10) For the Chernobyl shutdown initiative,15

$2,000,000.16

(11) For nuclear technology research and devel-17

opment, $25,000,000.18

(12) For nuclear security, $4,000,000.19

(13) For the Office of Hearings and Appeals,20

$2,685,000.21

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-22

VATIZATION.23


the Department of Energy for fiscal year 1998 to carry25

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out environmental management privatization projects in1

connection with national security programs in the amount2

of $274,700,000, to be allocated as follows:3

Project 98–PVT–1, contact handled transuranic4

waste transportation, Carlsbad, New Mexico,5

$21,000,000.6

Project 98–PVT–4, spent nuclear fuel dry stor-7

age, Idaho Falls, Idaho, $27,000,000.8

Project 98–PVT–7, waste pits remedial action,9

Fernald, Ohio, $25,000,000.10

Project 98–PVT–11, spent nuclear fuel transfer11

and storage, Savannah River, South Carolina,12

$25,000,000.13

Project 98–PVT–l, waste disposal, Oak Ridge,14

Tennessee, $5,000,000.15

Project 98–PVT–l, Ohio silo 3 waste treat-16

ment, Fernald, Ohio, $6,700,000.17

Project 97–PVT–1, tank waste remediation sys-18

tem phase 1, Hanford, Washington, $157,000,000.19

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.20


the Department of Energy for fiscal year 1998 for pay-22

ment to the Nuclear Waste Fund established in section23

302(c) of the Nuclear Waste Policy Act of 1982 (4224

U.S.C. 10222(c)) in the amount of $190,000,000.25

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Subtitle B—Recurring General1

Provisions2

SEC. 3121. REPROGRAMMING.3

(a) IN GENERAL.—Until the Secretary of Energy4

submits to the congressional defense committees the re-5

port referred to in subsection (b) and a period of 30 days6

has elapsed after the date on which such committees re-7

ceive the report, the Secretary may not use amounts ap-8

propriated pursuant to this title for any program—9

(1) in amounts that exceed, in a fiscal year—10

(A) 110 percent of the amount authorized11

for that program by this title; or12

(B) $1,000,000 more than the amount au-13

thorized for that program by this title; or14

(2) which has not been presented to, or re-15

quested of, Congress.16

(b) REPORT.—(1) The report referred to in sub-17

section (a) is a report containing a full and complete state-18

ment of the action proposed to be taken and the facts and19

circumstances relied upon in support of such proposed ac-20

tion.21

(2) In the computation of the 30-day period under22

subsection (a), there shall be excluded any day on which23

either House of Congress is not in session because of an24

adjournment of more than 3 days to a day certain.25

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(c) LIMITATIONS.—(1) In no event may the total1

amount of funds obligated pursuant to this title exceed2

the total amount authorized to be appropriated by this3

title.4

(2) Funds appropriated pursuant to this title may not5

be used for an item for which Congress has specifically6

denied funds.7

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.8

(a) IN GENERAL.—The Secretary of Energy may9

carry out any construction project under the general plant10

projects authorized by this title if the total estimated cost11

of the construction project does not exceed $5,000,000.12

(b) REPORT TO CONGRESS.—If, at any time during13

the construction of any general plant project authorized14

by this title, the estimated cost of the project is revised15

because of unforeseen cost variations and the revised cost16

of the project exceeds $5,000,000, the Secretary shall im-17

mediately furnish a complete report to the congressional18

defense committees explaining the reasons for the cost19

variation.20

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.21

(a) IN GENERAL.—(1) Except as provided in para-22

graph (2), construction on a construction project may not23

be started or additional obligations incurred in connection24

with the project above the total estimated cost, whenever25

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the current estimated cost of the construction project,1

which is authorized by sections 3101, 3102, or 3103, or2

which is in support of national security programs of the3

Department of Energy and was authorized by any pre-4

vious Act, exceeds by more than 25 percent the higher5

of—6

(A) the amount authorized for the project; or7

(B) the amount of the total estimated cost for8

the project as shown in the most recent budget jus-9

tification data submitted to Congress.10

(2) An action described in paragraph (1) may be11

taken if—12

(A) the Secretary of Energy has submitted to13

the congressional defense committees a report on the14

actions and the circumstances making such action15

necessary; and16

(B) a period of 30 days has elapsed after the17

date on which the report is received by the commit-18

tees.19

(3) In the computation of the 30-day period under20

paragraph (2), there shall be excluded any day on which21

either House of Congress is not in session because of an22

adjournment of more than 3 days to a day certain.23

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any construction project which has a current estimated2

cost of less than $5,000,000.3

SEC. 3124. FUND TRANSFER AUTHORITY.4

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—5

The Secretary of Energy may transfer funds authorized6

to be appropriated to the Department of Energy pursuant7

to this title to other Federal agencies for the performance8

of work for which the funds were authorized. Funds so9

transferred may be merged with and be available for the10

same purposes and for the same time period as the author-11

izations of the Federal agency to which the amounts are12

transferred.13

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;14

LIMITATIONS.—(1) Subject to paragraph (2), the Sec-15

retary of Energy may transfer funds authorized to be ap-16

propriated to the Department of Energy pursuant to this17

title between any such authorizations. Amounts of author-18

izations so transferred may be merged with and be avail-19

able for the same purposes and for the same time period20

as the authorization to which the amounts are transferred.21

(2) Not more than five percent of any such authoriza-22

tion may be transferred between authorizations under23

paragraph (1). No such authorization may be increased24

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or decreased by more than five percent by a transfer under1

such paragraph.2

(3) The authority provided by this subsection to3

transfer authorizations may only be used to provide funds4

for items relating to activities necessary for national secu-5

rity programs that have a higher priority than the items6

from which the funds are transferred.7

(c) NOTICE TO CONGRESS.—The Secretary of Energy8

shall promptly notify the Committee on Armed Services9

of the Senate and the Committee on National Security of10

the House of Representatives of any transfer of funds to11

or from authorizations under this title.12

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-13

TION DESIGN.14

(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)15

Subject to paragraph (2) and except as provided in para-16

graph (3), before submitting to Congress a request for17

funds for a construction project that is in support of a18

national security program of the Department of Energy,19

the Secretary of Energy shall complete a conceptual de-20

sign report for that project.21

(2) If the estimated cost of completing a conceptual22

design for a construction project exceeds $3,000,000, the23

Secretary shall submit to Congress a request for funds for24

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the conceptual design before submitting a request for1

funds for the construction project.2

(3) The requirement in paragraph (1) does not apply3

to a request for funds—4

(A) for a construction project the total esti-5

mated cost of which is less than $5,000,000; or6

(B) for emergency planning, design, and con-7

struction activities under section 3126.8

(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)9

Within the amounts authorized by the title, the Secretary10

of Energy may carry out construction design (including11

architectural and engineering services) in connection with12

any proposed construction project if the total estimated13

cost for such design does not exceed $600,000.14

(2) If the total estimated cost for construction design15

in connection with any construction project exceeds16

$600,000, funds for such design must be specifically au-17

thorized by law.18

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-19

SIGN, AND CONSTRUCTION ACTIVITIES.20

(a) AUTHORITY.—The Secretary of Energy may use21

any funds available to the Department of Energy, pursu-22

ant to an authorization in this title, including those funds23

authorized to be appropriated for advance planning and24

construction design under sections 3101, 3102, or 3103,25

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to perform planning, design, and construction activities1

for any Department of Energy national security program2

construction project that, as determined by the Secretary,3

must proceed expeditiously in order to protect public4

health and safety, to meet the needs of national defense,5

or to protect property.6

(b) LIMITATION.—The Secretary may not exercise7

the authority under subsection (a) in the case of any con-8

struction project until the Secretary has submitted to the9

congressional defense committees a report on the activities10

that the Secretary intends to carry out under this section11

and the circumstances making such activities necessary.12

(c) SPECIFIC AUTHORITY.—The requirement of sec-13

tion 3125(b)(2) does not apply to emergency planning, de-14

sign, and construction activities conducted under this sec-15

tion.16

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-17

RITY PROGRAMS OF THE DEPARTMENT OF18

ENERGY.19

Subject to the provisions of appropriation Acts and20

section 3121, amounts appropriated pursuant to this title21

for management and support activities and for general22

plant projects are available for use, when necessary, in23

connection with all national security programs of the De-24

partment of Energy.25

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SEC. 3128. AVAILABILITY OF FUNDS.1

When so specified in an appropriation Act, amounts2

appropriated for operation and maintenance or for plant3

projects may remain available until expended.4

Subtitle C—Program Authoriza-5

tions, Restrictions, and Limita-6

tions7

SEC. 3131. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-8

VATIZATION PROJECTS.9

(a) LIMITATION ON CONTRACTS.—Funds authorized10

to be appropriated by section 3104 for a project referred11

to in that section are available for a contract under the12

project only if the contract—13

(1) is awarded on a competitive basis;14

(2) requires the contractor to construct or ac-15

quire any equipment or facilities required to carry16

out the contract before the commencement of the17

provision of goods or services under the contract;18

(3) requires the contractor to bear any of the19

costs of the design, construction, acquisition, and op-20

eration of such equipment or facilities that arise be-21

fore the commencement of the provision of goods or22

services under the contract; and23

(4) provides for payment to the contractor24

under the contract only upon the meeting of per-25

formance objectives specified in the contract.26

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(b) NOTICE AND WAIT.—The Secretary of Energy1

may not enter into a contract or option to enter into a2

contract, or otherwise incur any contractual obligation,3

under a project authorized by section 3104 until 30 days4

after the date which the Secretary submits to the congres-5

sional defense committees a report with respect to the con-6

tract. The report shall set forth—7

(1) the anticipated costs and fees of the De-8

partment under the contract, including the antici-9

pated maximum amount of such costs and fees;10

(2) any performance objectives specified in the11

contract;12

(3) the anticipated dates of commencement and13

completion of the provision of goods or services14

under the contract;15

(4) the allocation between the Department and16

the contractor of any financial, regulatory, or envi-17

ronmental obligations under the contract;18

(5) any activities planned or anticipated to be19

required with respect to the project after completion20

of the contract;21

(6) the site services or other support to be pro-22

vided the contractor by the Department under the23

contract;24

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(7) the goods or services to be provided by the1

Department or contractor under the contract, in-2

cluding any additional obligations to be borne by the3

Department or contractor with respect to such goods4

or services;5

(8) the schedule for the contract;6

(9) the costs the Department would otherwise7

have incurred in obtaining the goods or services cov-8

ered by the contract if the Department had not pro-9

posed to obtain the goods or services under this sec-10

tion;11

(10) an estimate and justification of the cost12

savings, if any, to be realized through the contract,13

including the assumptions underlying the estimate;14

(11) the effect of the contract on any ancillary15

schedules applicable to the facility concerned, includ-16

ing milestones in site compliance agreements; and17

(12) the plans for maintaining financial and18

programmatic accountability for activities under the19

contract.20

(c) COST VARIATIONS.—(1) The Secretary may not21

enter into a contract under a project referred to in para-22

graph (2), or incur additional obligations attributable to23

the capital portion of the cost of such a contract, whenever24

the current estimated cost of the project exceeds the25

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amount of the estimated cost of the project as shown in1

the most recent budget justification data submitted to2

Congress.3

(2) Paragraph (1) applies to an environmental man-4

agement privatization project that is—5

(A) authorized by section 3104; or6

(B) carried out under section 3103 of the Na-7

tional Defense Authorization Act for Fiscal Year8

1997 (Public Law 104–201; 110 Stat. 2824).9

(d) USE OF FUNDS FOR TERMINATION OF CON-10

TRACT.—Not less than 15 days before the Secretary obli-11

gates funds available for a project authorized by section12

3104 to terminate the contract or contracts under the13

project, the Secretary shall notify the congressional de-14

fense committees of the Secretary’s intent to obligate the15

funds for that purpose.16

(e) ANNUAL REPORT ON CONTRACTS.—Not later17

than February 28 of each year, the Secretary shall submit18

to the congressional defense committees a report on the19

activities, if any, carried out under each contract under20

a project authorized by section 3104 during the preceding21

year. The report shall include an update with respect to22

each such contract of the matters specified under sub-23

section (b)(1) as of the date of the report.24

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(f) REPORT ON CONTRACTING WITHOUT SUFFICIENT1

APPROPRIATIONS.—Not later than 90 days after the date2

of enactment of this Act, the Secretary shall submit to3

the congressional defense committees a report assessing4

whether, and under what circumstances, the Secretary5

could enter into contracts under defense environmental6

management privatization projects in the absence of suffi-7

cient appropriations to meet obligations under such con-8

tracts without thereby violating the provisions of section9


SEC. 3132. INTERNATIONAL COOPERATIVE STOCKPILE11

STEWARDSHIP PROGRAMS.12

(a) FUNDING PROHIBITION.—No funds authorized to13

be appropriated or otherwise available to the Department14

of Energy for fiscal year 1998 may be obligated or ex-15

pended to conduct any activities associated with inter-16

national cooperative stockpile stewardship.17

(b) EXCEPTIONS.—Subsection (a) does not apply to18

the following:19

(1) Activities conducted between the United20

States and the United Kingdom.21

(2) Activities conducted between the United22

States and France.23

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(3) Activities carried out under title III of this1

Act relating to cooperative threat reduction with2

states of the former Soviet Union.3

SEC. 3133. MODERNIZATION OF ENDURING NUCLEAR4

WEAPONS COMPLEX.5

(a) FUNDING.—Subject to subsection (b), of the6

funds authorized to be appropriated to the Department7

of Energy pursuant to section 3101, $15,000,000 shall be8

available for carrying out the program described in section9

3137(a) of the National Defense Authorization Act for10

Fiscal Year 1996 (42 U.S.C. 2121 note).11

(b) LIMITATION ON AVAILABILITY.—None of the12

funds available under subsection (a) for carrying out the13

program referred to in that subsection may be obligated14

or expended until 30 days after the date of the receipt15

by Congress of the report required under subsection (c).16

(c) REPORT ON ALLOCATION OF FUNDS.—Not later17

than 30 days after the date of enactment of this Act, the18

Secretary of Energy shall submit to the congressional de-19

fense committees a report setting forth the proposed allo-20

cation among specific Department of Energy sites of the21

funds available under subsection (a).22

SEC. 3134. TRITIUM PRODUCTION.23

(a) FUNDING.—Subject to subsection (c), of the24

funds authorized to be appropriated to the Department25

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of Energy pursuant to section 3101, $262,000,000 shall1

be available for activities related to tritium production.2

(b) ACCELERATION OF TRITIUM PRODUCTION.—(1)3

Not later than June 30, 1998, the Secretary of Energy4

shall make a final decision on the technologies to be uti-5

lized, and the accelerated schedule to be adopted, for trit-6

ium production in order to meet the requirements in the7

Nuclear Weapons Stockpile Memorandum relating to trit-8

ium production, including the tritium production date of9

2005 specified in the Nuclear Weapons Stockpile Memo-10

randum.11

(2) In making the final decision, the Secretary shall12

take into account the following:13

(A) The requirements for tritium production14

specified in the Nuclear Weapons Stockpile Memo-15

randum, including, in particular, the requirements16

for the so-called ‘‘upload hedge’’ component of the17

nuclear weapons stockpile.18

(B) The ongoing activities of the Department of19

Energy relating to the evaluation and demonstration20

of technologies under the accelerator program and21

the commercial light water reactor program.22

(C) The potential liabilities and benefits of each23

potential technology for tritium production,24

including—25

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(i) regulatory and other barriers that1

might prevent the production of tritium using2

the technology by the production date referred3

to in subsection (a);4

(ii) potential difficulties, if any, in licensing5

the technology;6

(iii) the variability, if any, in tritium pro-7

duction rates using the technology; and8

(iv) any other benefits (including scientific9

or research benefits or the generation of reve-10

nue) associated with the technology.11

(c) REPORT.—If the Secretary determines that it is12

not possible to make the final decision by the date speci-13

fied in subsection (b), the Secretary shall submit to the14

congressional defense committees on that date a report15

that explains in detail why the final decision cannot be16

made by that date.17

(d) LIMITATION ON AVAILABILITY OF FUNDS.—The18

Secretary may not obligate or expend any funds author-19

ized to be appropriated or otherwise made available for20

the Department of Energy by this Act for the purpose of21

evaluating or utilizing any technology for the production22

of tritium other than a commercial light water reactor or23

an accelerator until the later of—24

(1) July 30, 1998; or25

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(2) the date that is 30 days after the date on1

which the Secretary makes a final decision under2

subsection (b).3

SEC. 3135. PROCESSING, TREATMENT, AND DISPOSITION OF4

SPENT NUCLEAR FUEL RODS AND OTHER5

LEGACY NUCLEAR MATERIALS AT THE SA-6

VANNAH RIVER SITE.7

(a) FUNDING.—Of the funds authorized to be appro-8

priated pursuant to section 3102(d), not more than9

$47,000,000 shall be available for the implementation of10

a program to accelerate the receipt, processing (including11

the H-canyon restart operations), reprocessing, separa-12

tion, reduction, deactivation, stabilization, isolation, and13

interim storage of high level nuclear waste associated with14

Department of Energy spent fuel rods, foreign spent fuel15

rods, and other nuclear materials that are located at the16

Savannah River Site.17

(b) REQUIREMENT FOR CONTINUING OPERATIONS18

AT SAVANNAH RIVER SITE.—The Secretary of Energy19

shall continue operations and maintain a high state of20

readiness at the F-canyon and H-canyon facilities at the21

Savannah River Site and shall provide technical staff nec-22

essary to operate and maintain such facilities at that state23

of readiness.24

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SEC. 3136. LIMITATIONS ON USE OF FUNDS FOR LABORA-1

TORY DIRECTED RESEARCH AND DEVELOP-2

MENT PURPOSES.3

(a) GENERAL LIMITATIONS.—(1) No funds author-4

ized to be appropriated or otherwise made available to the5

Department of Energy in any fiscal year after fiscal year6

1997 for weapons activities may be obligated or expended7

for activities under the Department of Energy Laboratory8

Directed Research and Development Program, or under9

any Department of Energy technology transfer program10

or cooperative research and development agreement, un-11

less such activities under such program or agreement sup-12

port the national security mission of the Department of13

Energy.14

(2) No funds authorized to be appropriated or other-15

wise made available to the Department of Energy in any16

fiscal year after fiscal year 1997 for environmental res-17

toration, waste management, or nuclear materials and fa-18

cilities stabilization may be obligated or expended for ac-19

tivities under the Department of Energy Laboratory Di-20

rected Research and Development Program, or under any21

Department of Energy technology transfer program or co-22

operative research and development agreement, unless23

such activities support the environmental restoration mis-24

sion, waste management mission, or materials stabilization25

mission, as the case may be, of the Department of Energy.26

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(b) LIMITATION IN FISCAL YEAR 1998 PENDING1

SUBMITTAL OF ANNUAL REPORT.—Not more than 302

percent of the funds authorized to be appropriated or oth-3

erwise made available to the Department of Energy in fis-4

cal year 1998 for laboratory directed research and devel-5

opment may be obligated or expended for such research6

and development until the Secretary of Energy submits7

to the congressional defense committees the report re-8

quired by section 3136(b) of the National Defense Author-9


110 Stat. 2831; 42 U.S.C. 7257b) in 1998.11

(c) SUBMITTAL DATE FOR ANNUAL REPORT ON LAB-12

ORATORY DIRECTED RESEARCH AND DEVELOPMENT13

PROGRAM.—Section 3136(b)(1) of the National Defense14

Authorization Act for Fiscal Year 1997 (42 U.S.C.15

7257b(1)) is amended by striking out ‘‘The Secretary of16

Energy shall annually submit’’ and inserting in lieu there-17

of ‘‘Not later than February 1 each year, the Secretary18

of Energy shall submit’’.19

(d) ASSESSMENT OF FUNDING LEVEL FOR LABORA-20

TORY DIRECTED RESEARCH AND DEVELOPMENT.—The21

Secretary shall include in the report submitted under such22

section 3136(b)(1) in 1998 an assessment of the funding23

required to carry out laboratory directed research and de-24

velopment, including a recommendation for the percentage25

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of the funds provided to Government-owned, contractor-1

operated laboratories for national security activities that2

should be made available for such research and develop-3

ment under section 3132(c) of the National Defense Au-4


510; 104 Stat. 1832; 42 U.S.C. 7257a(c)).6

(e) DEFINITION.—In this section, the term ‘‘labora-7

tory directed research and development’’ has the meaning8

given that term in section 3132(d) of the National Defense9

Authorization Act for Fiscal Year 1991 (42 U.S.C.10

7257a(d)).11

SEC. 3137. PERMANENT AUTHORITY FOR TRANSFERS OF12

DEFENSE ENVIRONMENTAL MANAGEMENT13

FUNDS.14

(a) PERMANENT AUTHORITY.—Section 3139 of the15

National Defense Authorization Act for Fiscal Year 199716

(Public Law 104–201; 110 Stat. 2832) is amended—17

(1) by striking out subsection (g); and18

(2) by redesignating subsection (h) as sub-19

section (g).20

(b) EXEMPTION FROM REPROGRAMMING REQUIRE-21

MENTS.—Subsection (c) of that section is amended by22

striking out ‘‘The requirements of section 3121’’ and in-23

serting in lieu thereof ‘‘No recurring limitation on re-24

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programming of Department of Energy funds contained1

in an annual authorization Act for national defense’’.2

(c) DEFINITIONS.—Subsection (f)(1) of that section3

is amended by striking out ‘‘any of the following:’’ and4

all that follows and inserting in lieu thereof ‘‘any program5

or project of the Department of Energy relating to envi-6

ronmental restoration and waste management activities7

necessary for national security programs of the Depart-8

ment.’’.9

(d) REPORT.—Subsection (g) of that section, as re-10

designated by subsection (a)(2), is amended—11

(1) by striking out ‘‘September 1, 1997,’’ and12

inserting in lieu thereof ‘‘November 1 each year’’;13

(2) by inserting ‘‘during the preceding fiscal14

year’’ after ‘‘in subsection (b)’’; and15

(3) by striking out the second sentence.16

(e) CONFORMING AMENDMENT.—The section head-17

ing of that section is amended by striking out ‘‘TEM-18

PORARY AUTHORITY RELATING TO’’ and inserting in19

lieu thereof ‘‘AUTHORITY FOR’’.20

SEC. 3138. REPORT ON REMEDIATION UNDER THE FOR-21

MERLY UTILIZED SITES REMEDIAL ACTION22

PROGRAM.23

Not later than March 1, 1998, the Secretary of En-24

ergy shall submit to Congress a report containing the fol-25

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lowing information regarding the Formerly Utilized Sites1

Remedial Action Program:2

(1) How many Formerly Utilized Sites remain3

to be remediated, what portions of these remaining4

sites have completed remediation (including any off-5

site contamination), what portions of the sites re-6

main to be remediated (including any offsite con-7

tamination), what types of contaminants are present8

at each site, and what are the projected timeframes9

for completing remediation at each site?10

(2) What is the cost of the remaining response11

actions necessary to address actual or threatened re-12

leases of hazardous substances at each Formerly13

Utilized Site, including any contamination that is14

present beyond the perimeter of the facilities?15

(3) For each site, how much it will cost to re-16

mediate the radioactive contamination, and how17

much will it cost to remediate the non-radioactive18

contamination?19

(4) How many sites potentially involve private20

parties that could be held responsible for remedi-21

ation costs, including remediation costs related to22

offsite contamination?23

(5) What type of agreements under the For-24

merly Utilized Sites Remedial Action Program have25

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been entered into with private parties to resolve the1

level of liability for remediation costs at these facili-2

ties, and to what extent have these agreements been3

tied to a distinction between radioactive and non-ra-4

dioactive contamination present at these sites?5

(6) What efforts have been undertaken by the6

Department to ensure that the settlement agree-7

ments entered into with private parties to resolve li-8

ability for remediation costs at these facilities have9

been consistent on a program wide basis?10

SEC. 3139. TRITIUM PRODUCTION IN COMMERCIAL FACILI-11

TIES.12

Section 91 of the Atomic Energy Act of 1954 (4213

U.S.C. 2121) is amended by adding at the end the follow-14

ing:15

‘‘(d) The Secretary may—16

‘‘(A) demonstrate the feasibility of, and17

‘‘(B)(i) acquire facilities by lease or purchase,18

or19

‘‘(ii) enter into an agreement with an owner or20

operator of a facility, for21

the production of tritium for defense-related uses in a fa-22

cility licensed under section 103 of this Act.’’.23

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SEC. 3140. PILOT PROGRAM RELATING TO USE OF PRO-1

CEEDS OF DISPOSAL OR UTILIZATION OF2

CERTAIN DEPARTMENT OF ENERGY ASSETS.3

(a) PURPOSE.—The purpose of this section is encour-4

age the Secretary of Energy to dispose of or otherwise uti-5

lize certain assets of the Department of Energy by making6

available to the Secretary the proceeds of such disposal7

or utilization for purposes of activities funded by the de-8

fense Environmental Restoration and Waste Management9

account.10

(b) CREDITING OF PROCEEDS.—(1) Notwithstanding11

section 3302 of title 31, United States Code, the Secretary12

may retain from the proceeds of the sale, lease, or disposal13

of an asset under subsection (c) an amount equal to the14

cost of the sale, lease, or disposal of the asset. The Sec-15

retary shall utilize amounts retained under this paragraph16

to defray the cost of the sale, lease, or disposal.17

(2) For purposes of paragraph (1), the cost of a sale,18

lease, or disposal shall include—19

(A) the cost of administering the sale, lease, or20

disposal;21

(B) the cost of recovering or preparing the22

asset concerned for the sale, lease, or disposal; and23

(C) any other cost associated with the sale,24

lease, or disposal.25

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(3) If after amounts from proceeds are retained1

under paragraph (1) a balance of the proceeds remains,2

the Secretary shall—3

(A) credit to the defense Environmental Res-4

toration and Waste Management account an amount5

equal to 50 percent of the balance of the proceeds;6

and7

(B) cover over into the Treasury as miscellane-8

ous receipts an amount equal to 50 percent of the9

balance of the proceeds.10

(c) COVERED TRANSACTIONS.—Subsection (b) ap-11

plies to the following transactions:12

(1) The sale of heavy water at the Savannah13

River Site, South Carolina.14

(2) The sale of precious metals under the juris-15

diction of the Environmental Management Program.16

(3) The lease of buildings and other facilities17

located at the Hanford Reservation, Washington and18

under the jurisdiction of the Environmental Manage-19

ment Program.20

(4) The lease of buildings and other facilities21

located at the Savannah River Site and under the22

jurisdiction of the Environmental Management Pro-23

gram.24

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(5) The disposal of equipment and other per-1

sonal property located at the Rocky Flats Environ-2

mental Technology Site, Colorado and under the ju-3

risdiction of the Environmental Management Pro-4

gram.5

(6) The disposal of materials at the National6

Electronics Recycling Center, Oak Ridge, Tennessee7

and under the jurisdiction of the Environmental8

Management Program.9

(d) AVAILABILITY OF AMOUNTS.—To the extent pro-10

vided in advance in appropriations Acts, the Secretary11

may use amounts credited to the defense Environmental12

Restoration and Waste Management account under sub-13

section (b)(3)(A) for any purposes for which funds in that14

account are available.15

(e) APPLICABILITY OF DISPOSAL AUTHORITY.—16

Nothing in this section shall be construed to limit the ap-17

plication of sections 202 and 203(j) of the Federal Prop-18

erty and Administrative Services Act of 1949 (40 U.S.C.19

483 and 484(j)) to the disposal of equipment and other20

personal property covered by this section.21

(f) ANNUAL REPORT.—Not later than January 3122

each year, the Secretary shall submit to the congressional23

defense committees a report on the amounts credited by24

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the Secretary under subsection (b)(3)(A) during the pre-1

ceding fiscal year.2

Subtitle D—Other Matters3

SEC. 3151. ADMINISTRATION OF CERTAIN DEPARTMENT OF4

ENERGY ACTIVITIES.5

(a) PROCEDURES FOR PRESCRIBING REGULA-6

TIONS.—Section 501 of the Department of Energy Orga-7

nization Act (42 U.S.C. 7191) is amended—8

(1) by striking out subsections (b) and (d);9

(2) by redesignating subsections (c), (e), (f),10

and (g) as subsections (b), (c), (d), and (e), respec-11

tively; and12

(3) in subsection (c), as so redesignated, by13

striking out ‘‘subsections (b), (c), and (d)’’ and in-14

serting in lieu thereof ‘‘subsection (b)’’.15

(b) ADVISORY COMMITTEES.—(1) Section 624 of the16

Department of Energy Organization Act (42 U.S.C. 7234)17

is amended—18

(A) by striking out ‘‘(a)’’; and19

(B) by striking out subsection (b).20

(2) Section 17 of the Federal Energy Administration21

Act of 1974 (15 U.S.C. 776) is repealed.22

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SEC. 3152. MODIFICATION AND EXTENSION OF AUTHORITY1

RELATING TO APPOINTMENT OF CERTAIN2

SCIENTIFIC, ENGINEERING, AND TECHNICAL3

PERSONNEL.4

(a) REPEAL OF REQUIREMENT FOR EPA STUDY.—5

Section 3161 of the National Defense Authorization Act6

for Fiscal Year 1995 (Public Law 103–337; 108 Stat.7

3095; 42 U.S.C. 7231 note) is amended—8

(1) by striking out subsection (c); and9


section (c).11

(b) EXTENSION OF AUTHORITY.—Paragraph (1) of12

subsection (c) of such section, as so redesignated, is13



SEC. 3153. ANNUAL REPORT ON PLAN AND PROGRAM FOR16

STEWARDSHIP, MANAGEMENT, AND CERTIFI-17

CATION OF WARHEADS IN THE NUCLEAR18

WEAPONS STOCKPILE.19

(a) IN GENERAL.—(1) Not later than March 15,20

1998, the Secretary of Energy shall submit to the congres-21

sional defense committees a plan and program for main-22

taining the warheads in the nuclear weapons stockpile (in-23

cluding stockpile stewardship, stockpile management, and24

program direction).25

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(2) Not later than March 15 of each year after 1998,1

the Secretary shall submit to the congressional defense2

committees an update of the plan and program submitted3

under paragraph (1) current as of the date of submittal4

of the updated plan and program.5

(3) The plan and program, and each update of the6

plan and program, shall be consistent with the pro-7

grammatic and technical requirements of the Nuclear8

Weapons Stockpile Memorandum current as of the date9

of submittal of the plan and program or update.10

(b) ELEMENTS.—The plan and program, and each11

update of the plan and program, shall set forth the follow-12

ing:13

(1) The numbers of warheads (including active14

and inactive warheads) for each type of warhead in15

the nuclear stockpile.16

(2) The current age of each warhead type and17

any plans for stockpile life extensions and modifica-18

tions or replacement of each warhead type.19

(3) The process by which the Secretary is as-20

sessing the lifetime and requirements for life exten-21

sion or replacement of the nuclear and non-nuclear22

components of the warheads (including active and23

inactive warheads) in the nuclear stockpile.24

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(4) The process used in recertifying the safety,1

reliability, and performance of each warhead type2

(including active and inactive warheads) in the nu-3

clear weapons stockpile.4

(5) Any concerns which would affect the recer-5

tification of the safety, security, or reliability of war-6

heads (including active and inactive warheads) in the7

nuclear stockpile.8

(c) FORM.—The Secretary shall submit the plan and9

program, and each update of the plan and program, in10

unclassified form, but may include a classified annex.11

SEC. 3154. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT12

REPORTS.13

Section 3153(b)(2)(B) of the National Defense Au-14

thorization Act for Fiscal Year 1994 (42 U.S.C.15

7274k(b)(2)(B)) is amended by striking out ‘‘odd-num-16

bered year after 1995’’ and inserting in lieu thereof ‘‘odd-17

numbered year after 1997’’.18

SEC. 3155. REPEAL OF OBSOLETE REPORTING REQUIRE-19

MENTS.20

(a) ANNUAL REPORT ON ACTIVITIES OF THE ATOMIC21

ENERGY COMMISSION.—(1) Section 251 of the Atomic22

Energy Act of 1954 (42 U.S.C. 2016) is repealed.23

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(2) The table of sections at the beginning of that Act1

is amended by striking out the item relating to section2

251.3

(b) ANNUAL REPORT ON WEAPONS ACTIVITIES4

BUDGETS.—Section 3156 of the National Defense Au-5


201; 110 Stat. 2841; 42 U.S.C. 7271c) is repealed.7

(c) ANNUAL UPDATE OF MASTER PLAN FOR NU-8

CLEAR WEAPONS STOCKPILE.—Section 3153 of the Na-9


(Public Law 104–106; 110 Stat. 624; 42 U.S.C. 212111

note) is repealed.12

(d) ANNUAL REPORT ON WEAPONS ACTIVITIES13

BUDGETS.—Section 3159 of the National Defense Au-14


106; 110 Stat. 626; 42 U.S.C. 7271b note) is repealed.16

(e) ANNUAL REPORT ON STOCKPILE STEWARDSHIP17

PROGRAM.—Section 3138 of the National Defense Au-18


160; 107 Stat. 1946; 42 U.S.C. 2121 note) is amended—20

(1) by striking out subsections (d) and (e);21

(2) by redesignating subsections (f), (g), and22

(h) as subsections (d), (e), and (f), respectively; and23

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(3) in subsection (e), as so redesignated, by1

striking out ‘‘and the 60-day period referred to in2

subsection (e)(2)(A)(ii)’’.3

(f) ANNUAL REPORT ON DEVELOPMENT OF TRITIUM4

PRODUCTION CAPACITY.—Section 3134 of the National5

Defense Authorization Act for Fiscal Year 1993 (Public6

Law 102–484; 106 Stat. 2639) is repealed.7

(g) ANNUAL REPORT ON RESEARCH RELATING TO8

DEFENSE WASTE CLEANUP TECHNOLOGY PROGRAM.—9

Section 3141 of the National Defense Authorization Act10

for Fiscal Years 1990 and 1991 (Public Law 101–189;11

103 Stat. 1679; 42 U.S.C. 7274a) is amended—12

(1) by striking out subsection (c); and13


section (c).15

(h) QUARTERLY REPORT ON MAJOR DOE NATIONAL16

SECURITY PROGRAMS.—Section 3143 of the National De-17

fense Authorization Act for Fiscal Years 1990 and 199118

(Public Law 101–189; 103 Stat. 1681; 42 U.S.C. 7271a)19

is repealed.20

(i) ANNUAL REPORT ON NUCLEAR TEST BAN READI-21

NESS PROGRAM.—Section 1436 of the National Defense22

Authorization Act, Fiscal Year 1989 (Public Law 100–23

456; 102 Stat. 2075; 42 U.S.C. 2121 note) is amended24

by striking out subsection (e).25

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SEC. 3156. COMMISSION ON SAFEGUARDING AND SECURITY1

OF NUCLEAR WEAPONS AND MATERIALS AT2

DEPARTMENT OF ENERGY FACILITIES.3

(a) ESTABLISHMENT.—There is hereby established a4

commission to be known as the Commission on Safeguards5

and Security at Department of Energy Facilities (in this6

section referred to as the ‘‘Commission’’).7

(b) ORGANIZATIONAL MATTERS.—(1)(A) The Com-8

mission shall be composed of eight members appointed9

from among individuals in the public and private sectors10

who have significant experience in matters relating to the11

safeguarding and security of nuclear weapons and mate-12

rials, as follows:13

(i) Two shall be appointed by the chairman of14

the Committee on Armed Services of the Senate, in15

consultation with the ranking member of the com-16

mittee.17

(ii) One shall be appointed by the ranking18

member of the Committee on Armed Services of the19

Senate, in consultation with the chairman of the20

committee.21

(iii) Two shall be appointed by the chairman of22

the Committee on National Security of the House of23

Representatives, in consultation with the ranking24

member of the committee.25

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(iv) One shall be appointed by the ranking1

member of the Committee on National Security of2

the House of Representatives, in consultation with3

the chairman of the committee.4

(v) Two shall be appointed by the Secretary of5

Energy.6

(B) Members shall be appointed for the life of the7

Commission. Any vacancy in the Commission shall not af-8

fect its powers, but shall be filled in the same manner as9

the original appointment.10

(C) The chairman of the Commission shall be des-11

ignated from among the members of the Commission by12

the chairman of the Committee on Armed Services of the13

Senate, in consultation with the chairman of the Commit-14

tee on National Security of the House of Representatives,15

the ranking member of the committee on Armed Services16

of the Senate, and the ranking member of the Committee17

on National Security of the House of Representatives.18

(D) Members shall be appointed not later than 6019

days after the date of enactment of this Act.20

(2) The members of the Commission shall establish21

procedures for the activities of the Commission, including22

procedures for calling meetings, requirements for23

quorums, and the manner of taking votes.24

(c) DUTIES.—(1) The Commission shall—25

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(A) conduct a review of the specifications in the1

document entitled ‘‘Design Threat Basis’’ relating to2

the safeguarding and security of nuclear weapons3

and materials in order to determine whether or not4

the specifications establish procedures adequate for5

the safeguarding and security of such weapons and6

materials at Department of Energy facilities; and7

(B) determine whether or not the document8

takes into account all relevant guidelines for the9

safeguarding and security of such weapons and ma-10

terials at such facilities, including Presidential Deci-11

sion Directive 39, relating to United States policy on12

counterterrorism.13

(2) In conducting the review, the Commission shall—14

(A) visit various Department facilities, includ-15

ing the Rocky Flats Plant, Colorado, Los Alamos16

National Laboratory, New Mexico, the Savannah17

River Site, South Carolina, the Pantex Plant, Texas,18

Oak Ridge National Laboratory, Tennessee, and the19

Hanford Reservation, Washington, in order to assess20

the adequacy of safeguards and security with respect21

to nuclear weapons and materials at such facilities;22

(B) evaluate the specific concerns with respect23

to the safeguarding and security of nuclear weapons24

and materials raised in the report of the Office of25

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Safeguards and Security of the Department of En-1

ergy entitled ‘‘Status of Safeguards and Security for2

1996’’; and3

(C) review applicable orders and other require-4

ments governing the safeguarding and security of5

nuclear weapons and materials at Department facili-6

ties.7

(d) REPORT.—(1) Not later than February 15, 1998,8

the Commission shall submit to the Secretary and to the9

congressional defense committees a report on the review10

conducted under subsection (c).11

(2) The report may include—12

(A) recommendations regarding any modifica-13

tions of policy or procedures applicable to Depart-14

ment facilities that the Commission considers appro-15

priate to provide adequate safeguards and security16

for nuclear weapons and materials at such facilities17

without impairing the mission of such facilities;18

(B) recommendations for modifications in fund-19

ing priorities necessary to ensure basic funding for20

the safeguarding and security of such weapons and21

materials at such facilities; and22

(C) such other recommendations for additional23

legislation or administrative action as the Commis-24

sion considers appropriate.25

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(e) PERSONNEL MATTERS.—(1)(A) Each member of1

the Commission who is not an officer or employee of the2

Federal Government shall be compensated at a rate equal3

to the daily equivalent of the annual rate of basic pay pre-4

scribed for Level IV of the Executive Schedule under sec-5

tion 53115 of title 5, United States Code, for each day6

(including travel time) during which such member is en-7

gaged in the performance of the duties of the Commission.8

(B) All members of the Commission who are officers9

or employees of the United States shall serve without com-10

pensation in addition to that received for their services as11

officers or employees of the United States.12

(2) The members of the Commission shall be allowed13

travel expenses, including per diem in lieu of subsistence,14

at rates authorized for employees of agencies under sub-15

chapter I of chapter 57 of title 5, United States Code,16

while away from their homes or regular places of business17

in the performance of services for the Commission.18

(3)(A) The Commission may, without regard to the19

civil service laws and regulations, appoint and terminate20

such personnel as may be necessary to enable the Commis-21

sion to perform its duties.22

(B) The Commission may fix the compensation of the23

personnel of the Commission without regard to the provi-24

sions of chapter 51 and subchapter III of chapter 53 of25

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title 5, United States Code, relating to classification of1

positions and General Schedule pay rates.2

(4) Any Federal Government employee may be de-3

tailed to the Commission without reimbursement, and4

such detail shall be without interruption or loss of civil5

status or privilege.6

(f) APPLICABILITY OF FACA.—The provisions of the7

Federal Advisory Committee Act (5 U.S.C. App.) shall not8

apply to the activities of the Commission.9

(g) TERMINATION.—The Commission shall terminate10

30 days after the date on which the Commission submits11

its report under subsection (d).12

(h) FUNDING.—Of the amounts authorized to be ap-13

propriated pursuant to section 3101, not more that14

$500,000 shall be available for the activities of the Com-15

mission under this section. Funds made available to the16

Commission under this section shall remain available until17

expended.18

SEC. 3157. MODIFICATION OF AUTHORITY ON COMMISSION19

ON MAINTAINING UNITED STATES NUCLEAR20

WEAPONS EXPERTISE.21

(a) COMMENCEMENT OF ACTIVITIES.—Subsection22

(b)(1) of section 3162 of the National Defense Authoriza-23


Stat. 2844; 42 U.S.C. 2121 note) is amended—25

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S 936 RFH

(1) in subparagraph (C), by adding at the end1

the following new sentence: ‘‘The chairman may be2

designated once five members of the Commission3

have been appointed under subparagraph (A).’’; and4


‘‘(E) The Commission may commence its activities6

under this section upon the designation of the chairman7

of the Commission under subparagraph (C).’’.8

(b) DEADLINE FOR REPORT.—Subsection (d) of that9

section is amended by striking out ‘‘March 15, 1998,’’ and10

inserting in lieu thereof ‘‘March 15, 1999,’’.11

SEC. 3158. LAND TRANSFER, BANDELIER NATIONAL MONU-12

MENT.13

(a) TRANSFER OF ADMINISTRATIVE JURISDIC-14

TION.—The Secretary of Energy shall transfer to the Sec-15

retary of the Interior administrative jurisdiction over a16

parcel of real property consisting of approximately 4.4717

acres as depicted on the map entitled ‘‘Boundary Map,18

Bandelier National Monument’’, No. 315/80,051, dated19

March 1995.20

(b) BOUNDARY MODIFICATION.—The boundary of21

the Bandelier National Monument established by Procla-22

mation No. 1322 (16 U.S.C. 431 note) is modified to in-23

clude the real property transferred under subsection (a).24

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(c) PUBLIC AVAILABILITY OF MAP.—The map de-1

scribed in subsection (a) shall be on file and available for2

public inspection in the Lands Office at the Southwest3

System Support Office of the National Park Service,4

Santa Fe, New Mexico, and in the office of the Super-5

intendent of Bandelier National Monument.6

(d) ADMINISTRATION.—The real property and inter-7

ests in real property transferred under subsection (a) shall8

be—9

(1) administered as part of Bandelier National10

Monument; and11

(2) subject to all laws applicable to the Ban-12

delier National Monument and all laws generally ap-13

plicable to units of the National Park System.14

SEC. 3159. PARTICIPATION OF NATIONAL SECURITY ACTIVI-15

TIES IN HISPANIC OUTREACH INITIATIVE OF16

THE DEPARTMENT OF ENERGY.17

The Secretary of Energy shall take appropriate ac-18

tions, including the allocation of funds, to ensure the par-19

ticipation of the national security activities of the Depart-20

ment of Energy in the Hispanic Outreach Initiative of the21

Department of Energy.22

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SEC. 3160. FINAL SETTLEMENT OF DEPARTMENT OF EN-1

ERGY COMMUNITY ASSISTANCE PAYMENTS2

TO LOS ALAMOS COUNTY UNDER AUSPICES3

OF ATOMIC ENERGY COMMUNITY ACT OF4

1955.5

(a) The Secretary of Energy on behalf of the Federal6

Government shall convey without consideration fee title to7

Government-owned land under the administrative control8

of the Department of Energy to the Incorporated County9

of Los Alamos, New Mexico, or its designee, and to the10

Secretary of the Interior in trust for the Pueblo of San11

Ildefonso for purposes of preservation, community self-suf-12

ficiency or economic diversification in accordance with this13

section.14

(b) In order to carry out the requirement of sub-15

section (a) the Secretary shall—16

(1) no later than 3 months from the date of en-17

actment of this Act, submit to the appropriate com-18

mittees of Congress a report identifying parcels of19

land considered suitable for conveyance, taking into20

account the need to provide lands—21

(A) which are not required to meet the na-22

tional security missions of the Department of23

Energy;24

(B) which are likely to be available for25

transfer within 10 years; and26

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S 936 RFH

(C) which have been identified by the De-1

partment, the County of Los Alamos, or the2

Pueblo of San Ildefonso, as being able to meet3

the purposes stated in subsection (a);4

(2) no later than 12 months after the date of5

enactment of this Act, submit to the appropriate6

congressional committees a report containing the re-7

sults of a title search on all parcels of land identified8

in paragraph (1), including an analysis of any claims9

of former owners, or their heirs and assigns, to such10

parcels. During this period, the Secretary shall en-11

gage in concerted efforts to provide claimants with12

every reasonable opportunity to legally substantiate13

their claims. The Secretary shall only transfer land14

for which the United States Government holds clear15

title;16

(3) no later than 21 months from the date of17

enactment of this Act, complete any review required18

by the National Environmental Policy Act of 196919

(42 U.S.C. 4321–4375) with respect to anticipated20

environmental impact of the conveyance of the par-21

cels of land identified in the report to Congress; and22

(4) no later than 3 months after the date,23

which is the later of—24

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(A) the date of completion of the review re-1

quired by paragraph (3); or2

(B) the date on which the County of Los3

Alamos and the Pueblo of San Ildefonso submit4

to the Secretary a binding agreement allocating5

the parcels of land identified in paragraph (1)6

to which the government has clear title—7

submit to the appropriate Congressional committees8

a plan for conveying the parcels of land in accord-9

ance with the agreement between the county and the10

Pueblo and the findings of the environmental review11

in paragraph (3).12

(c) The Secretary shall complete the conveyance of13

all portions of the lands identified in the plan with all due14

haste, and no later than 9 months, after the date of sub-15

mission of the plan under paragraph (b)(4).16

(d) If the Secretary finds that a parcel of land identi-17

fied in subsection (b) continues to be necessary for na-18

tional security purposes for a period of time less than ten19

years or requires remediation of hazardous substances in20

accordance with applicable laws that delays the parcel’s21

conveyance beyond the time limits provided in subsection22

(c), the Secretary shall convey title of that parcel upon23

completion of the remediation or after that parcel is no24

longer necessary for national security purposes.25

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S 936 RFH

(e) Following transfer of the land pursuant to sub-1

section (c), the Secretary shall make no further assistance2

payments under section 91 or section 94 of the Atomic3

Energy Community Act of 1955 (42 U.S.C. 2391; 2394)4

to county or city governments in the vicinity of Los Ala-5

mos National Laboratory.6

SEC. 3161. DESIGNATING THE Y–12 PLANT IN OAK RIDGE,7

TENNESSEE AS THE NATIONAL PROTOTYPE8

CENTER.9

The Y–12 plant in Oak Ridge, Tennessee is des-10

ignated as the National Prototype Center. Other executive11

agencies are encouraged to utilize this center, where ap-12

propriate, to maximize their efficiency and cost effective-13

ness.14

SEC. 3162. NORTHERN NEW MEXICO EDUCATIONAL FOUN-15

DATION.16

(a) Of the funds authorized to be appropriated to the17

Department of Energy by this Act, $5,000,000 shall be18

available for payment by the Secretary of Energy to a non-19

profit or not-for-profit educational foundation chartered to20

enhance the educational enrichment activities in public21

schools in the area around the Los Alamos National Lab-22

oratory (in this section referred to as the ‘‘Foundation’’).23

(b) Funds provided by the Department of Energy to24

the Foundation shall be used solely as corpus for an en-25

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dowment fund. The Foundation shall invest the corpus1

and use the income generated from such an investment2

to fund programs designed to support the educational3

needs of public schools in Northern New Mexico educating4

children in the area around the Los Alamos National Lab-5

oratory.6

SEC. 3163. TO AUTHORIZE APPROPRIATIONS FOR THE7

GREENVILLE ROAD IMPROVEMENT PROJECT,8

LIVERMORE, CALIFORNIA.9

Of the funds authorized to be appropriated by this10

Act to the Department of Energy, $3,500,000 are author-11

ized to be appropriated for fiscal year 1998, and12

$3,800,000 are authorized to be appropriated for fiscal13

year 1999, for improvements to Greenville Road in Liver-14

more, California.15

TITLE XXXII—DEFENSE NU-16

CLEAR FACILITIES SAFETY17

BOARD18

SEC. 3201. AUTHORIZATION.19

There are authorized to be appropriated for fiscal20

year 1998, $17,500,000 for the operation of the Defense21

Nuclear Facilities Safety Board under chapter 21 of the22

Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).23

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TITLE XXXIII—NATIONAL1

DEFENSE STOCKPILE2


In this title:4

(1) The term ‘‘National Defense Stockpile’’5

means the stockpile provided for in section 4 of the6

Strategic and Critical Materials Stock Piling Act (507

U.S.C. 98c).8

(2) The term ‘‘National Defense Stockpile9

Transaction Fund’’ means the fund in the Treasury10

of the United States established under section 9(a)11

of the Strategic and Critical Materials Stock Piling12

Act (50 U.S.C. 98h(a)).13

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.14

(a) OBLIGATIONS AUTHORIZED.—During fiscal year15

1998, the National Defense Stockpile Manager may obli-16

gate up to $60,000,000 of the funds in the National De-17

fense Stockpile Transaction Fund established under sub-18

section (a) of section 9 of the Strategic and Critical Mate-19

rials Stock Piling Act (50 U.S.C. 98h) for the authorized20

uses of such funds under subsection (b)(2) of such section.21

(b) ADDITIONAL OBLIGATIONS.—The National De-22

fense Stockpile Manager may obligate amounts in excess23

of the amount specified in subsection (a) if the National24

Defense Stockpile Manager notifies Congress that extraor-25

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dinary or emergency conditions necessitate the additional1

obligations. The National Defense Stockpile Manager may2

make the additional obligations described in the notifica-3

tion after the end of the 45-day period beginning on the4

date Congress receives the notification.5

(c) LIMITATIONS.—The authorities provided by this6

section shall be subject to such limitations as may be pro-7

vided in appropriations Acts.8

SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATE-9

RIALS IN NATIONAL DEFENSE STOCKPILE.10

(a) DISPOSAL REQUIRED.—Subject to subsection (c),11

the President shall dispose of materials contained in the12

National Defense Stockpile and specified in the table in13

subsection (b) so as to result in receipts to the United14

States in amounts equal to—15

(1) $9,222,000 by the end of fiscal year 1998;16

(2) $134,840,000 by the end of fiscal year17

2002; and18

(3) $331,886,000 by the end of fiscal year19

2007.20

(b) LIMITATION ON DISPOSAL QUANTITY.—The total21

quantities of materials authorized for disposal by the22

President under subsection (a) may not exceed the23

amounts set forth in the following table:24

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Authorized Stockpile Disposals

Material for disposal Quantity

Berylium Copper Master Alloy ............................................. 7,387 short tons

Chromium Metal ................................................................... 8,511 short tons

Cobalt .................................................................................... 14,058,014 pounds

Columbium Carbide .............................................................. 21,372 pounds

Columbium Ferro .................................................................. 249,395 pounds

Diamond, Bort ...................................................................... 61,543 carats

Diamond, Dies ...................................................................... 25,473 pieces

Diamond, Stone .................................................................... 3,047,900 carats

Germanium ........................................................................... 28,200 kilograms

Indium ................................................................................... 14,248 troy ounces

Palladium .............................................................................. 1,249,485 troy ounces

Platinum ............................................................................... 442,641 troy ounces

Tantalum, Carbide Powder ................................................... 22,688 pounds contained

Tantalum, Minerals ............................................................... 1,751,364 pounds con-

tained

Tantalum, Oxide ................................................................... 123,691 pounds contained

Titanium Sponge ................................................................... 34,831 short tons

Tungsten, Ores & Concentrate ............................................. 76,358,235 pounds

Tungsten, Carbide ................................................................. 2,032,954 pounds

Tungsten, Metal Powder ....................................................... 1,899,283 pounds

Tungsten, Ferro .................................................................... 2,024,143 pounds

(c) MINIMIZATION OF DISRUPTION AND LOSS.—The1

President may not dispose of materials under subsection2

(a) to the extent that the disposal will result in—3

(1) undue disruption of the usual markets of4

producers, processors, and consumers of the mate-5

rials proposed for disposal; or6

(2) avoidable loss to the United States.7

(d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-8

ITY.—The disposal authority provided in subsection (a) is9

new disposal authority and is in addition to, and shall not10

affect, any other disposal authority provided by law re-11

garding the materials specified in such subsection.12

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SEC. 3304. RETURN OF SURPLUS PLATINUM FROM THE DE-1

PARTMENT OF THE TREASURY.2

(a) RETURN OF PLATINUM TO STOCKPILE.—Subject3

to subsection (b), the Secretary of the Treasury, upon the4

request of the Secretary of Defense, shall return to the5

Secretary of Defense for sale or other disposition platinum6

of the National Defense Stockpile that has been loaned7

to the Department of the Treasury by the Secretary of8

Defense, acting as the stockpile manager. The quantity9

requested and transferred shall be any quantity that the10

Secretary of Defense determines appropriate for sale or11

other disposition.12

(b) ALTERNATIVE TRANSFER OF FUNDS.—The Sec-13

retary of the Treasury, with the concurrence of the Sec-14

retary of Defense, may transfer to the Secretary of De-15

fense funds in a total amount that is equal to the fair16

market value of any platinum requested under subsection17

(a) and not returned. A transfer of funds under this sub-18

section shall be a substitute for a return of platinum under19

subsection (a). Upon a transfer of funds as a substitute20

for a return of platinum, the platinum shall cease to be21

part of the National Defense Stockpile. A transfer of22

funds under this subsection shall be charged to any appro-23

priation for the Department of the Treasury and shall be24

credited to the National Defense Stockpile Transaction25

Fund.26

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TITLE XXXIV—NAVAL1

PETROLEUM RESERVES2

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.3

There is hereby authorized to be appropriated to the4

Secretary of Energy $117,000,000 for fiscal year 1998 for5

the purpose of carrying out activities under chapter 6416

of title 10, United States Code, relating to the naval petro-7

leum reserves (as defined in section 7420(2) of such title).8

Funds appropriated pursuant to such authorization shall9

remain available until expended.10

SEC. 3402. LEASING OF CERTAIN OIL SHALE RESERVES.11

(a) REQUIREMENT TO LEASE.—The Secretary of12

Energy may lease, subject to valid existing rights, the13

United States interest in Oil Shale Reserves Numbered14

1, 2, and 3 to one or more private entities for the purpose15

of providing for the exploration of such reserves for, and16

the development and production of, petroleum.17

(b) MAXIMIZATION OF FINANCIAL RETURN TO THE18

UNITED STATES.—A lease under this section shall be19

made under terms that result in the maximum practicable20

financial return to the United States, without regard to21

production limitations provided under chapter 641 of title22


(c) DISPOSITION OF WELLS, GATHERING LINES, AND24

EQUIPMENT.—A lease of a reserve under subsection (a)25

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may include the sale or other disposition, at fair market1

value, of any well, gathering line, or related equipment2

owned by the United States that is located at the reserve3

and is suitable for use in the exploration, development,4

or production of petroleum on the reserve.5

(d) DISPOSITION OF ROYALTIES AND OTHER PRO-6

CEEDS.—All royalties and other proceeds accruing to the7

United States from a lease under this section shall be dis-8

posed of in accordance with section 7433 of title 10,9


(e) INAPPLICABILITY OF CERTAIN SECTIONS OF11

TITLE 10, UNITED STATES CODE.—The following provi-12

sions of chapter 641 of title 10, United States Code, do13

not apply to the leasing of a reserve under this section14

nor to a reserve while under a lease entered into under15

this section: section 7422(b), subsections (d), (e), (g), and16

(k) of section 7430, section 7431, and section 7438(c)(1).17

(f) DEFINITIONS.—In this section:18

(1) The term ‘‘Oil Shale Reserves Numbered 1,19

2, and 3’’ means the oil shale reserves identified in20

section 7420(2) of title 10, United States Code, as21

Oil Shale Reserve Numbered 1, Oil Shale Reserve22

Numbered 2, and Oil Shale Reserve Numbered 3.23

(2) The term ‘‘petroleum’’ has the meaning24

given such term in section 7420(3) of such title.25

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SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OF-1

FICERS TO OFFICE OF NAVAL PETROLEUM2

AND OIL SHALE RESERVES.3

Section 2 of Public Law 96–137 (42 U.S.C. 7156a)4

is repealed.5

TITLE XXXV—PANAMA CANAL6

COMMISSION7

Subtitle A—Authorization of Ex-8

penditures From Revolving9

Fund10


This subtitle may be cited as the ‘‘Panama Canal12

Commission Authorization Act for Fiscal Year 1998’’.13

SEC. 3502. AUTHORIZATION OF EXPENDITURES.14

(a) IN GENERAL.—Subject to subsection (b), the15

Panama Canal Commission is authorized to use amounts16

in the Panama Canal Revolving Fund to make such ex-17

penditures within the limits of funds and borrowing au-18

thority available to it in accordance with law, and to make19

such contracts and commitments, as may be necessary20

under the Panama Canal Act of 1979 (22 U.S.C. 360121

et seq.) for the operation, maintenance, improvement, and22

administration of the Panama Canal for fiscal year 1998.23

(b) LIMITATIONS.—For fiscal year 1998, the Panama24

Canal Commission may expend from funds in the Panama25

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Canal Revolving Fund not more than $85,000 for official1

reception and representation expenses, of which—2

(1) not more than $23,000 may be used for of-3

ficial reception and representation expenses of the4

Supervisory Board of the Commission;5



Secretary of the Commission; and8



Administrator of the Commission.11

SEC. 3503. PURCHASE OF VEHICLES.12

Notwithstanding any other provision of law, the13

funds available to the Commission shall be available for14

the purchase and transportation to the Republic of Pan-15

ama of passenger motor vehicles, the purchase price of16

which shall not exceed $22,000 per vehicle.17

SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH18

TREATIES.19

Expenditures authorized under this subtitle may be20

made only in accordance with the Panama Canal Treaties21

of 1977 and any law of the United States implementing22

those treaties.23

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Subtitle B—Facilitation of Panama1

Canal Transition2

SEC. 3511. SHORT TITLE; REFERENCES.3

(a) SHORT TITLE.—This subtitle may be cited as the4

‘‘Panama Canal Transition Facilitation Act of 1997’’.5

(b) REFERENCES.—Except as otherwise expressly6

provided, whenever in this subtitle an amendment or re-7

peal is expressed in terms of an amendment to, or repeal8

of, a section or other provision, the reference shall be con-9

sidered to be made to a section or other provision of the10

Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).11

SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.12

Section 3 (22 U.S.C. 3602) is amended by adding13

at the end the following new subsection:14

‘‘(d) For purposes of this Act:15

‘‘(1) The term ‘Canal Transfer Date’ means16

December 31, 1999, such date being the date speci-17

fied in the Panama Canal Treaty of 1977 for the18

transfer of the Panama Canal from the United19

States of America to the Republic of Panama.20

‘‘(2) The term ‘Panama Canal Authority’21

means the entity created by the Republic of Panama22

to succeed the Panama Canal Commission as of the23

Canal Transfer Date.’’.24

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PART I—TRANSITION MATTERS RELATING TO1

COMMISSION OFFICERS AND EMPLOYEES2

SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE3

COMMISSION TO ACCEPT APPOINTMENT AS4

THE ADMINISTRATOR OF THE PANAMA5

CANAL AUTHORITY.6

(a) AUTHORITY FOR DUAL ROLE.—Section 1103 (227

U.S.C. 3613) is amended by adding at the end the follow-8

ing new subsection:9

‘‘(c) The Congress consents, for purposes of the 8th10

clause of article I, section 9 of the Constitution of the11

United States, to the acceptance by the individual serving12

as Administrator of the Commission of appointment by13

the Republic of Panama to the position of Administrator14

of the Panama Canal Authority. Such consent is effective15

only if that individual, while serving in both such posi-16

tions, serves as Administrator of the Panama Canal Au-17

thority without compensation, except for payments by the18

Republic of Panama of travel and entertainment expenses,19

including per diem payments.’’.20

(b) WAIVER OF CERTAIN CONFLICT-OF-INTEREST21

STATUTES.—Such section is further amended by adding22

at the end the following new subsections:23

‘‘(d) The Administrator, with respect to participation24

in any matter as Administrator of the Panama Canal25

Commission (whether such participation is before, on, or26

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after the date of the enactment of the Panama Canal1

Transition Facilitation Act of 1997), shall not be subject2

to section 208 of title 18, United States Code, insofar as3

the matter relates to prospective employment as Adminis-4

trator of the Panama Canal Authority.5

‘‘(e) If the Republic of Panama appoints as the Ad-6

ministrator of the Panama Canal Authority the individual7

serving as the Administrator of the Commission and if8

that individual accepts the appointment—9

‘‘(1) the Foreign Agents Registration Act of10

1938, as amended (22 U.S.C. 611 et seq.), shall not11

apply to that individual with respect to service as12

the Administrator of the Panama Canal Authority;13

‘‘(2) that individual, with respect to participa-14

tion in any matter as the Administrator of the Pan-15

ama Canal Commission, is not subject to section 20816

of title 18, United States Code, insofar as the mat-17

ter relates to service as, or performance of the duties18

of, the Administrator of the Panama Canal Author-19

ity; and20

‘‘(3) that individual, with respect to official acts21

performed as the Administrator of the Panama22

Canal Authority, is not subject to the following:23

‘‘(A) Sections 203 and 205 of title 18,24


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‘‘(B) Effective upon termination of the in-1

dividual’s appointment as Administrator of the2

Panama Canal Commission at noon on the3

Canal Transfer Date, section 207 of title 18,4


‘‘(C) Sections 501(a) and 502(a)(4) of the6

Ethics in Government Act of 1978 (5 U.S.C.7

App.), with respect to compensation received8

for, and service in, the position of Adminis-9

trator of the Panama Canal Authority.’’.10

SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORI-11

TIES.12

(a) WAIVER OF CERTAIN POST-EMPLOYMENT RE-13

STRICTIONS FOR COMMISSION PERSONNEL BECOMING14

EMPLOYEES OF THE PANAMA CANAL AUTHORITY.—Sec-15

tion 1112 (22 U.S.C. 3622) is amended by adding at the16

end the following new subsection:17

‘‘(e) Effective as of the Canal Transfer Date, section18

207 of title 18, United States Code, shall not apply to19

an individual who is an officer or employee of the Panama20

Canal Authority, but only with respect to official acts of21

that individual as an officer or employee of the Authority22

and only in the case of an individual who was an officer23

or employee of the Commission and whose employment24

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with the Commission was terminated at noon on the Canal1

Transfer Date.’’.2

(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY3

RESERVE AND RETIRED MEMBERS OF THE ARMED4

FORCES OF EMPLOYMENT BY PANAMA CANAL AUTHOR-5

ITY.—Such section is further amended by adding after6

subsection (e), as added by subsection (a), the following7

new subsection:8

‘‘(f)(1) The Congress consents to the following per-9

sons accepting civil employment (and compensation for10

that employment) with the Panama Canal Authority for11

which the consent of the Congress is required by the last12

paragraph of section 9 of article I of the Constitution of13

the United States, relating to acceptance of emoluments,14

offices, or titles from a foreign government:15

‘‘(A) Retired members of the uniformed serv-16

ices.17

‘‘(B) Members of a reserve component of the18

armed forces.19

‘‘(C) Members of the Commissioned Reserve20

Corps of the Public Health Service.21

‘‘(2) The consent of the Congress under paragraph22

(1) is effective without regard to subsection (b) of section23

908 of title 37, United States Code (relating to approval24

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required for employment of Reserve and retired members1

by foreign governments).’’.2

SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ES-3

TABLISH COMPENSATION OF COMMISSION4

OFFICERS AND EMPLOYEES.5

(a) REPEAL OF LIMITATIONS ON COMMISSION AU-6

THORITY.—The following provisions are repealed:7

(1) Section 1215 (22 U.S.C. 3655), relating to8

basic pay.9


salary protection upon conversion of pay rate.11


minimum level of pay and minimum annual in-13

creases.14

(b) SAVINGS PROVISION.—Section 1202 (22 U.S.C.15

3642) is amended by adding at the end the following new16

subsection:17

‘‘(c) In the case of an individual who is an officer18

or employee of the Commission on the day before the date19

of the enactment of the Panama Canal Transition Facili-20

tation Act of 1997 and who has not had a break in service21

with the Commission since that date, the rate of basic pay22

for that officer or employee on or after that date may not23

be less than the rate in effect for that officer or employee24

on the day before that date of enactment except—25

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‘‘(1) as provided in a collective bargaining1

agreement;2

‘‘(2) as a result of an adverse action against the3

officer or employee; or4

‘‘(3) pursuant to a voluntary demotion.’’.5

(c) CROSS-REFERENCE AMENDMENTS.—(1) Section6

1216 (22 U.S.C. 3656) is amended by striking out ‘‘1215’’7


(2) Section 1218 (22 U.S.C. 3658) is amended by9

striking out ‘‘1215’’ and ‘‘1217’’ and inserting in lieu10

thereof ‘‘1202’’ and ‘‘1217(a)’’, respectively.11

SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE12

EXPENSES FOR COMMISSION PERSONNEL NO13

LONGER SUBJECT TO FEDERAL TRAVEL REG-14

ULATION.15

(a) REPEAL OF APPLICABILITY OF TITLE 5 PROVI-16

SIONS.—(1) Section 1210 (22 U.S.C. 3650) is amended17

by striking out subsections (a), (b), and (c).18

(2) Section 1224 (22 U.S.C. 3664) is amended—19

(A) by striking out paragraph (10); and20

(B) by redesignating paragraphs (11) through21

(20) as paragraphs (10) through (19), respectively.22

(b) CONFORMING AMENDMENTS.—(1) Section 121023

is further amended—24

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(A) by redesignating subsection (d)(1) as sub-1

section (a) and in that subsection striking out2

‘‘paragraph (2)’’ and inserting in lieu thereof ‘‘sub-3

section (b)’’; and4

(B) by redesignating subsection (d)(2) as sub-5

section (b) and in that subsection—6

(i) striking out ‘‘Notwithstanding para-7

graph (1), an’’ and inserting in lieu thereof8

‘‘An’’; and9

(ii) striking out ‘‘referred to in paragraph10

(1)’’ and inserting in lieu thereof ‘‘who is a citi-11

zen of the Republic of Panama’’.12

(2) The heading of such section is amended to read13

as follows:14

‘‘AIR TRANSPORTATION’’.15


this section shall take effect on January 1, 1999.17

SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AU-18

THORITIES.19

(a) RECRUITMENT, RELOCATION, AND RETENTION20

BONUSES.—Section 1217 (22 U.S.C. 3657) is amended—21

(1) by redesignating subsection (c) as sub-22

section (e);23

(2) in subsection (e) (as so redesignated), by24

striking out ‘‘for the same or similar work per-25

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formed in the United States by individuals employed1

by the Government of the United States’’ and insert-2

ing in lieu thereof ‘‘of the individual to whom the3

compensation is paid’’; and4

(3) by inserting after subsection (b) the follow-5

ing new subsections:6

‘‘(c)(1) The Commission may pay a recruitment7

bonus to an individual who is newly appointed to a posi-8

tion with the Commission, or a relocation bonus to an em-9

ployee of the Commission who must relocate to accept a10

position, if the Commission determines that the Commis-11

sion would be likely, in the absence of such a bonus, to12

have difficulty in filling the position.13

‘‘(2) A recruitment or relocation bonus may be paid14

to an employee under this subsection only if the employee15

enters into an agreement with the Commission to complete16

a period of employment with the Commission established17

by the Commission. If the employee voluntarily fails to18

complete such period of employment or is separated from19

service in such employment as a result of an adverse ac-20

tion before the completion of such period, the employee21

shall repay the entire amount of the bonus received by22

the employee.23

‘‘(3) A relocation bonus under this subsection may24

be paid as a lump sum. A recruitment bonus under this25

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subsection shall be paid on a pro rata basis over the period1

of employment covered by the agreement under paragraph2

(2). A bonus under this subsection may not be considered3

to be part of the basic pay of an employee.4

‘‘(d)(1) The Commission may pay a retention bonus5

to an employee of the Commission if the Commission de-6

termines that—7

‘‘(A) the employee has unusually high or unique8

qualifications and those qualifications make it essen-9

tial for the Commission to retain the employee for10

a period specified by the Commission ending not11

later than the Canal Transfer Date, or the Commis-12

sion otherwise has a special need for the services of13

the employee making it essential for the Commission14

to retain the employee for a period specified by the15

Commission ending not later than the Canal Trans-16

fer Date; and17

‘‘(B) the employee would be likely to leave em-18

ployment with the Commission before the end of19

that period if the retention bonus is not paid.20

‘‘(2) A retention bonus under this subsection—21

‘‘(A) shall be in a fixed amount;22

‘‘(B) shall be paid on a pro rata basis (over the23

period specified by the Commission as essential for24

the retention of the employee), with such payments25

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to be made at the same time and in the same man-1

ner as basic pay; and2

‘‘(C) may not be considered to be part of the3

basic pay of an employee.4

‘‘(3) A decision by the Commission to exercise or to5

not exercise the authority to pay a bonus under this sub-6

section shall not be subject to review under any statutory7

procedure or any agency or negotiated grievance procedure8

except under any of the laws referred to in section 2302(d)9

of title 5, United States Code.’’.10

(b) EDUCATIONAL SERVICES.—Section 1321(e)(2)11

(22 U.S.C. 3731(e)(2)) is amended by striking out ‘‘and12

persons’’ and inserting in lieu thereof ‘‘, to other Commis-13

sion employees when determined by the Commission to be14

necessary for their recruitment or retention, and to other15

persons’’.16

SEC. 3526. TRANSITION SEPARATION INCENTIVE PAY-17

MENTS.18

Chapter 2 of title I (22 U.S.C. 3641 et seq.) is19

amended by adding at the end of subchapter III the fol-20

lowing new section:21

‘‘TRANSITION SEPARATION INCENTIVE PAYMENTS22

‘‘SEC. 1233. (a) In applying to the Commission and23

employees of the Commission the provisions of section 66324

of the Treasury, Postal Service, and General Government25

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Appropriations Act, 1997 (as contained in section 101(f)1

of division A of Public Law 104–208; 110 Stat. 3009–2

383), relating to voluntary separation incentives for em-3

ployees of certain Federal agencies (in this section re-4

ferred to as ‘section 663’)—5

‘‘(1) the term ‘employee’ shall mean an em-6

ployee of the Commission who has served in the Re-7

public of Panama in a position with the Commission8

for a continuous period of at least three years imme-9

diately before the employee’s separation under an10

appointment without time limitation and who is cov-11

ered under the Civil Service Retirement System or12

the Federal Employees’ Retirement System under13

subchapter III of chapter 83 or chapter 84, respec-14

tively, of title 5, United States Code, other than—15

‘‘(A) an employee described in any of sub-16

paragraphs (A) through (F) of subsection17

(a)(2) of section 663; or18

‘‘(B) an employee of the Commission who,19

during the 24-month period preceding the date20

of separation, has received a recruitment or re-21

location bonus under section 1217(c) of this Act22

or who, within the 12-month period preceding23

the date of separation, received a retention24

bonus under section 1217(d) of this Act;25

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‘‘(2) the strategic plan under subsection (b) of1

section 663 shall include (in lieu of the matter speci-2

fied in subsection (b)(2) of that section)—3

‘‘(A) the positions to be affected, identified4

by occupational category and grade level;5

‘‘(B) the number and amounts of separa-6

tion incentive payments to be offered; and7

‘‘(C) a description of how such incentive8

payments will facilitate the successful transfer9

of the Panama Canal to the Republic of Pan-10

ama;11

‘‘(3) a separation incentive payment under sec-12

tion 663 may be paid to a Commission employee13

only to the extent necessary to facilitate the success-14

ful transfer of the Panama Canal by the United15

States of America to the Republic of Panama as re-16

quired by the Panama Canal Treaty of 1977;17

‘‘(4) such a payment—18

‘‘(A) may be in an amount determined by19

the Commission not to exceed $25,000; and20

‘‘(B) may be made (notwithstanding the21

limitation specified in subsection (c)(2)(D) of22

section 663) in the case of an eligible employee23

who voluntarily separates (whether by retire-24

ment or resignation) during the 90-day period25

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beginning on the date of the enactment of this1

section or during the period beginning on Octo-2

ber 1, 1998, and ending on December 31, 1998;3

‘‘(5) in the case of not more than 15 employees4

who (as determined by the Commission) are unwill-5

ing to work for the Panama Canal Authority after6

the Canal Transfer Date and who occupy critical po-7

sitions for which (as determined by the Commission)8

at least two years of experience is necessary to en-9

sure that seasoned managers are in place on and10

after the Canal Transfer Date, such a payment (not-11

withstanding paragraph (4))—12

‘‘(A) may be in an amount determined by13

the Commission not to exceed 50 percent of the14

basic pay of the employee; and15

‘‘(B) may be made (notwithstanding the16

limitation specified in subsection (c)(2)(D) of17

section 663) in the case of such an employee18

who voluntarily separates (whether by retire-19

ment or resignation) during the 90-day period20

beginning on the date of the enactment of this21

section; and22

‘‘(6) the provisions of subsection (f) of section23

663 shall not apply.24

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‘‘(b) A decision by the Commission to exercise or to1

not exercise the authority to pay a transition separation2

incentive under this section shall not be subject to review3

under any statutory procedure or any agency or negotiated4

grievance procedure except under any of the laws referred5

to in section 2302(d) of title 5, United States Code.’’.6

SEC. 3527. LABOR-MANAGEMENT RELATIONS.7

Section 1271 (22 U.S.C. 3701) is amended by adding8

at the end the following new subsection:9

‘‘(c)(1) This subsection applies to any matter that be-10

comes the subject of collective bargaining between the11

Commission and the exclusive representative for any bar-12

gaining unit of employees of the Commission during the13

period beginning on the date of the enactment of this sub-14

section and ending on the Canal Transfer Date.15

‘‘(2)(A) The resolution of impasses resulting from16

collective bargaining between the Commission and any17

such exclusive representative during that period shall be18

conducted in accordance with such procedures as may be19

mutually agreed upon between the Commission and the20

exclusive representative (without regard to any otherwise21

applicable provisions of chapter 71 of title 5, United22

States Code). Such mutually agreed upon procedures shall23

become effective upon transmittal by the Chairman of the24

Supervisory Board of the Commission to the Congress of25

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notice of the agreement to use those procedures and a de-1

scription of those procedures.2

‘‘(B) The Federal Services Impasses Panel shall not3

have jurisdiction to resolve any impasse between the Com-4

mission and any such exclusive representative in negotia-5

tions over a procedure for resolving impasses.6

‘‘(3) If the Commission and such an exclusive rep-7

resentative do not reach an agreement concerning a proce-8

dure for resolving impasses with respect to a bargaining9

unit and transmit notice of the agreement under para-10

graph (2) on or before July 1, 1998, the following shall11

be the procedure by which collective bargaining impasses12

between the Commission and the exclusive representative13

for that bargaining unit shall be resolved:14

‘‘(A) If bargaining efforts do not result in an15

agreement, the parties shall request the Federal Me-16

diation and Conciliation Service to assist in achiev-17

ing an agreement.18

‘‘(B) If an agreement is not reached within 4519

days after the date on which either party requests20

the assistance of the Federal Mediation and Concil-21

iation Service in writing (or within such shorter pe-22

riod as may be mutually agreed upon by the par-23

ties), the parties shall be considered to be at an im-24

passe and shall request the Federal Services Im-25

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passes Panel of the Federal Labor Relations Author-1

ity to decide the impasse.2

‘‘(C) If the Federal Services Impasses Panel3

fails to issue a decision within 90 days after the date4

on which its services are requested (or within such5

shorter period as may be mutually agreed upon by6

the parties), the efforts of the Panel shall be termi-7

nated.8

‘‘(D) In such a case, the Chairman of the Panel9

(or another member in the absence of the Chairman)10

shall immediately determine the matter by a drawing11

(conducted in such manner as the Chairman (or, in12

the absence of the Chairman, such other member)13

determines appropriate) between the last offer of the14

Commission and the last offer of the exclusive rep-15

resentative, with the offer chosen through such16

drawing becoming the binding resolution of the mat-17

ter.18

‘‘(4) In the case of a notice of agreement described19

in paragraph (2)(A) that is transmitted to the Congress20

as described in the second sentence of that paragraph21

after July 1, 1998, the impasse resolution procedures cov-22

ered by that notice shall apply to any impasse between23

the Commission and the other party to the agreement that24

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is unresolved on the date on which that notice is transmit-1

ted to the Congress.’’.2

SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING3

FUND FOR SEVERANCE PAY FOR CERTAIN4

EMPLOYEES SEPARATED BY PANAMA CANAL5

AUTHORITY AFTER CANAL TRANSFER DATE.6

(a) AVAILABILITY OF REVOLVING FUND.—Section7

1302(a) (22 U.S.C. 3712(a)) is amended by adding at the8

end the following new paragraph:9

‘‘(10) Payment to the Panama Canal Authority,10

not later than the Canal Transfer Date, of such11

amount as is computed by the Commission to be the12

future amount of severance pay to be paid by the13

Panama Canal Authority to employees whose em-14

ployment with the Authority is terminated, to the15

extent that such severance pay is attributable to pe-16

riods of service performed with the Commission be-17

fore the Canal Transfer Date (and assuming for18

purposes of such computation that the Panama19

Canal Authority, in paying severance pay to termi-20

nated employees, will provide for crediting of periods21

of service with the Commission).’’.22

(b) STYLISTIC AMENDMENTS.—Such section is fur-23

ther amended—24

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(1) by striking out ‘‘for—’’ in the matter pre-1

ceding paragraph (1) and inserting in lieu thereof2

‘‘for the following purposes:’’;3

(2) by capitalizing the initial letter of the first4

word in each of paragraphs (1) through (9);5

(3) by striking out the semicolon at the end of6

each of paragraphs (1) through (7) and inserting in7

lieu thereof a period; and8

(4) by striking out ‘‘; and’’ at the end of para-9

graph (8) and inserting in lieu thereof a period.10

PART II—TRANSITION MATTERS RELATING TO11

OPERATION AND ADMINISTRATION OF CANAL12

SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM13

AND BOARD OF CONTRACT APPEALS.14

Title III of the Panama Canal Act of 1979 (2215

U.S.C. 3601 et seq.) is amended by inserting after the16

title heading the following new chapter:17

‘‘CHAPTER 1—PROCUREMENT18

‘‘PROCUREMENT SYSTEM19

‘‘SEC. 3101. (a) PANAMA CANAL ACQUISITION REGU-20

LATION.—(1) The Commission shall establish by regula-21

tion a comprehensive procurement system. The regulation22

shall be known as the ‘Panama Canal Acquisition Regula-23

tion’ (in this section referred to as the ‘Regulation’) and24

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shall provide for the procurement of goods and services1

by the Commission in a manner that—2

‘‘(A) applies the fundamental operating prin-3

ciples and procedures in the Federal Acquisition4

Regulation;5

‘‘(B) uses efficient commercial standards of6

practice; and7

‘‘(C) is suitable for adoption and uninterrupted8

use by the Republic of Panama after the Canal9

Transfer Date.10

‘‘(2) The Regulation shall contain provisions regard-11

ing the establishment of the Panama Canal Board of Con-12

tract Appeals described in section 3102.13

‘‘(b) SUPPLEMENT TO REGULATION.—The Commis-14

sion shall develop a Supplement to the Regulation (in this15

section referred to as the ‘Supplement’) that identifies16

both the provisions of Federal law applicable to procure-17

ment of goods and services by the Commission and the18

provisions of Federal law waived by the Commission under19

subsection (c).20

‘‘(c) WAIVER AUTHORITY.—(1) Subject to paragraph21

(2), the Commission shall determine which provisions of22

Federal law should not apply to procurement by the Com-23

mission and may waive those laws for purposes of the Reg-24

ulation and Supplement.25

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‘‘(2) For purposes of paragraph (1), the Commission1

may not waive—2

‘‘(A) section 27 of the Office of Federal Pro-3

curement Policy Act (41 U.S.C. 423);4

‘‘(B) the Contract Disputes Act of 1978 (415

U.S.C. 601 et seq.), other than section 10(a) of such6

Act (41 U.S.C 609(a)); or7

‘‘(C) civil rights, environmental, or labor laws.8

‘‘(d) CONSULTATION WITH ADMINISTRATOR FOR9

FEDERAL PROCUREMENT POLICY.—In establishing the10

Regulation and developing the Supplement, the Commis-11

sion shall consult with the Administrator for Federal Pro-12

curement Policy.13

‘‘(e) EFFECTIVE DATE.—The Regulation and the14

Supplement shall take effect on the date of publication15

in the Federal Register, or January 1, 1999, whichever16

is earlier.17

‘‘PANAMA CANAL BOARD OF CONTRACT APPEALS18

‘‘SEC. 3102. (a) ESTABLISHMENT.—(1) The Sec-19

retary of Defense, in consultation with the Commission,20

shall establish a board of contract appeals, to be known21

as the Panama Canal Board of Contract Appeals, in ac-22

cordance with section 8 of the Contract Disputes Act of23

1978 (41 U.S.C. 607). Except as otherwise provided by24

this section, the Panama Canal Board of Contract Appeals25

(in this section referred to as the ‘Board’) shall be subject26

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to the Contract Disputes Act of 1978 (41 U.S.C. 601 et1

seq.) in the same manner as any other agency board of2

contract appeals established under that Act.3

‘‘(2) The Board shall consist of three members. At4

least one member of the Board shall be licensed to practice5

law in the Republic of Panama. Individuals appointed to6

the Board shall take an oath of office, the form of which7

shall be prescribed by the Secretary of Defense.8

‘‘(b) EXCLUSIVE JURISDICTION TO DECIDE AP-9

PEALS.—Notwithstanding section 10(a)(1) of the Contract10

Disputes Act of 1978 (41 U.S.C. 609(a)(1)) or any other11

provision of law, the Board shall have exclusive jurisdic-12

tion to decide an appeal from a decision of a contracting13

officer under section 8(d) of such Act (41 U.S.C. 607(d)).14

‘‘(c) EXCLUSIVE JURISDICTION TO DECIDE PRO-15

TESTS.—The Board shall decide protests submitted to it16

under this subsection by interested parties in accordance17

with subchapter V of title 31, United States Code. Not-18

withstanding section 3556 of that title, section 1491(b)19

of title 28, United States Code, and any other provision20

of law, the Board shall have exclusive jurisdiction to decide21

such protests. For purposes of this subsection—22

‘‘(1) except as provided in paragraph (2), each23

reference to the Comptroller General in sections24

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3551 through 3555 of title 31, United States Code,1

is deemed to be a reference to the Board;2

‘‘(2) the reference to the Comptroller General3

in section 3553(d)(3)(C)(ii) of such title is deemed4

to be a reference to both the Board and the Comp-5

troller General;6

‘‘(3) the report required by paragraph (1) of7

section 3554(e) of such title shall be submitted to8

the Comptroller General as well as the committees9

listed in such paragraph;10

‘‘(4) the report required by paragraph (2) of11

such section shall be submitted to the Comptroller12

General as well as Congress; and13

‘‘(5) section 3556 of such title shall not apply14

to the Board, but nothing in this subsection shall af-15

fect the right of an interested party to file a protest16

with the appropriate contracting officer.17

‘‘(d) PROCEDURES.—The Board shall prescribe such18

procedures as may be necessary for the expeditious deci-19

sion of appeals and protests under subsections (b) and (c).20

‘‘(e) COMMENCEMENT.—The Board shall begin to21

function as soon as it has been established and has pre-22

scribed procedures under subsection (d), but not later23

than January 1, 1999.24

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‘‘(f) TRANSITION.—The Board shall have jurisdiction1

under subsection (b) and (c) over any appeals and protests2

filed on or after the date on which the Board begins to3

function. Any appeals and protests filed before such date4

shall remain before the forum in which they were filed.5

‘‘(g) OTHER FUNCTIONS.—The Board may perform6

functions similar to those described in this section for such7

other matters or activities of the Commission as the Com-8

mission may determine and in accordance with regulations9

prescribed by the Commission.’’.10

SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AU-11

THORITY.12

Section 1342 (22 U.S.C. 3752) is amended—13

(1) by designating the text of the section as14

subsection (a); and15


sections:17

‘‘(b) The Commission may provide office space,18

equipment, supplies, personnel, and other in-kind services19

to the Panama Canal Authority on a nonreimbursable20

basis.21

‘‘(c) Any executive department or agency of the22

United States may, on a reimbursable basis, provide to23

the Panama Canal Authority materials, supplies, equip-24

ment, work, or services requested by the Panama Canal25

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Authority, at such rates as may be agreed upon by that1

department or agency and the Panama Canal Authority.’’.2

SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR3

DAMAGES.4

(a) FILING OF ADMINISTRATIVE CLAIMS WITH COM-5

MISSION.—Sections 1411(a) (22 U.S.C. 3771(a)) and6

1412 (22 U.S.C. 3772) are each amended in the last sen-7

tence by striking out ‘‘within 2 years after’’ and all that8

follows through ‘‘of 1985,’’ and inserting in lieu thereof9

‘‘within one year after the date of the injury or the date10

of the enactment of the Panama Canal Transition Facili-11

tation Act of 1997,’’.12

(b) FILING OF JUDICIAL ACTIONS.—The penultimate13

sentence of section 1416 (22 U.S.C. 3776) is amended—14

(1) by striking out ‘‘one year’’ the first place it15

appears and inserting in lieu thereof ‘‘180 days’’;16

and17

(2) by striking out ‘‘claim, or’’ and all that fol-18

lows through ‘‘of 1985,’’ and inserting in lieu there-19

of ‘‘claim or the date of the enactment of the Pan-20

ama Canal Transition Facilitation Act of 1997,’’.21

SEC. 3544. TOLLS FOR SMALL VESSELS.22

Section 1602(a) (22 U.S.C. 3792(a)) is amended—23

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(1) in the first sentence, by striking out ‘‘supply1

ships, and yachts’’ and inserting in lieu thereof ‘‘and2

supply ships’’; and3

(2) by adding at the end the following new sen-4

tence: ‘‘Tolls for small vessels (including yachts), as5

defined by the Commission, may be set at rates de-6

termined by the Commission without regard to the7

preceding provisions of this subsection.’’.8

SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LI-9

ABILITY.10

Section 5(a) of the Panama Canal Commission Com-11

pensation Fund Act of 1988 (22 U.S.C. 3715c(a)) is12

amended by striking out ‘‘Upon the termination of the13

Panama Canal Commission’’ and inserting in lieu thereof14

‘‘By March 31, 1998’’.15

SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.16

Section 1102a (22 U.S.C. 3612a) is amended—17

(1) by redesignating subsection (g) as sub-18

section (h); and19

(2) by inserting after subsection (f) the follow-20

ing new subsection:21

‘‘(g)(1) The Commission may appoint any United22

States citizen to have the general powers of a notary pub-23

lic to perform, on behalf of Commission employees and24

their dependents outside the United States, any notarial25

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act that a notary public is required or authorized to per-1

form within the United States. Unless an earlier expira-2

tion is provided by the terms of the appointment, any such3

appointment shall expire three months after the Canal4

Transfer Date.5

‘‘(2) Every notarial act performed by a person acting6

as a notary under paragraph (1) shall be as valid, and7

of like force and effect within the United States, as if exe-8

cuted by or before a duly authorized and competent notary9

public in the United States.10

‘‘(3) The signature of any person acting as a notary11

under paragraph (1), when it appears with the title of that12

person’s office, is prima facie evidence that the signature13

is genuine, that the person holds the designated title, and14

that the person is authorized to perform a notarial act.’’.15

SEC. 3547. COMMERCIAL SERVICES.16

Section 1102b (22 U.S.C. 3612b) is amended by add-17

ing at the end the following new subsection:18

‘‘(e) The Commission may conduct and promote com-19

mercial activities related to the management, operation,20

or maintenance of the Panama Canal. Any such commer-21

cial activity shall be carried out consistent with the Pan-22

ama Canal Treaty of 1977 and related agreements.’’.23

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SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION1

OF CERTAIN REGULATORY FUNCTIONS RE-2

LATING TO EMPLOYMENT CLASSIFICATION3

APPEALS.4

Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a),5

3662(a)) are amended by striking out ‘‘President’’ and in-6

serting in lieu thereof ‘‘Commission’’.7

SEC. 3549. ENHANCED PRINTING AUTHORITY.8

Section 1306 (22 U.S.C. 3714b) is amended by strik-9

ing out ‘‘Section 501’’ and inserting in lieu thereof ‘‘Sec-10

tions 501 through 517 and 1101 through 1123’’.11

SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.12

(a) CLERICAL AMENDMENTS.—The table of contents13

in section 1 is amended—14

(1) by striking out the item relating to section15


‘‘Sec. 1210. Air transportation.’’;

(2) by striking out the items relating to sections17

1215, 1219, and 1225;18

(3) by inserting after the item relating to sec-19

tion 1232 the following new item:20

‘‘Sec. 1233. Transition separation incentive payments.’’;

and21

(4) by inserting after the item relating to the22

heading of title III the following:23

‘‘CHAPTER 1—PROCUREMENT

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‘‘Sec. 3101. Procurement system.

‘‘Sec. 3102. Panama Canal Board of Contract Appeals.’’.

(b) AMENDMENT TO REFLECT PRIOR CHANGE IN1

COMPENSATION OF ADMINISTRATOR.—Section 5315 of2

title 5, United States Code, is amended by striking out3

the following:4

‘‘Administrator of the Panama Canal Commis-5

sion.’’.6

(c) AMENDMENTS TO REFLECT CHANGE IN TRAVEL7

AND TRANSPORTATION EXPENSES AUTHORITY.—(1) Sec-8

tion 5724(a)(3) of title 5, United States Code, is amended9

by striking out ‘‘, the Commonwealth of Puerto Rico,’’ and10

all that follows through ‘‘Panama Canal Act of 1979’’ and11

inserting in lieu thereof ‘‘or the Commonwealth of Puerto12

Rico’’.13

(2) Section 5724a(j) of such title is amended—14

(A) by inserting ‘‘and’’ after ‘‘Northern Mari-15

ana Islands,’’; and16

(B) by striking out ‘‘United States, and’’ and17

all that follows through the period at the end and18

inserting in lieu thereof ‘‘United States.’’.19

(3) The amendments made by this subsection shall20

take effect on January 1, 1999.21

(d) MISCELLANEOUS TECHNICAL AMENDMENTS.—22

(1) Section 3(b) (22 U.S.C. 3602(b)) is amend-23

ed by striking out ‘‘the Canal Zone Code’’ and all24

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that follows through ‘‘other laws’’ and inserting in1

lieu thereof ‘‘laws of the United States and regula-2

tions issued pursuant to such laws’’.3

(2)(A) The following provisions are each4

amended by striking out ‘‘the effective date of this5

Act’’ and inserting in lieu thereof ‘‘October 1,6

1979’’: sections 3(b), 3(c), 1112(b), and 1321(c)(1).7

(B) Section 1321(c)(2) is amended by striking8

out ‘‘such effective date’’ and inserting in lieu there-9

of ‘‘October 1, 1979’’.10

(C) Section 1231(c)(3)(A) (22 U.S.C.11

3671(c)(3)(A)) is amended by striking out ‘‘the day12

before the effective date of this Act’’ and inserting13

in lieu thereof ‘‘September 30, 1979’’.14

(3) Section 1102a(h), as redesignated by sec-15

tion 3546(a)(1), is amended by striking out ‘‘section16

1102B’’ and inserting in lieu thereof ‘‘section17

1102b’’.18

(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2))19

is amended by striking out ‘‘section 16 of the Act20

of August 1, 1956 (22 U.S.C. 2680a),’’ and insert-21

ing in lieu thereof ‘‘section 207 of the Foreign Serv-22

ice Act of 1980 (22 U.S.C. 3927)’’.23

(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3))24

is amended by striking out ‘‘as last in effect before25

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the effective date of section 3530 of the Panama1

Canal Act Amendments of 1996’’ and inserting in2

lieu thereof ‘‘as in effect on September 22, 1996’’.3

(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2))4

is amended by striking out ‘‘retroactivity’’ and in-5

serting in lieu thereof ‘‘retroactively’’.6

(7) Section 1341(f) (22 U.S.C. 3751(f)) is7

amended by striking out ‘‘sections 1302(c)’’ and in-8

serting in lieu thereof ‘‘sections 1302(b)’’.9

TITLE XXXVI—MISCELLANEOUS10

PROVISIONS11

SEC. 3601. COMMENDING MEXICO ON FREE AND FAIR ELEC-12

TIONS.13

(a) Congress finds that—14

(1) on July 6, 1997, elections were conducted15

in Mexico in order to fill 500 seats in the Chamber16

of Deputies, 32 seats in the 128 seat Senate, the of-17

fice of the Mayor of Mexico City, and local elections18

in a number of Mexican States;19

(2) for the first time, the federal elections were20

organized by the Federal Electoral Institute, an au-21

tonomous and independent organization established22

under the Mexican Constitution;23

(3) more than 52 million Mexican citizens reg-24

istered to vote;25

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(4) eight political parties registered to partici-1

pate in the July 6, elections, including the Institu-2

tional Revolutionary Party (PRI), the National Ac-3

tion Party (PAN), and the Democratic Revolution-4

ary Party (PRD);5

(5) since 1993, Mexican citizens have had the6

exclusive right to participate as observers in activi-7

ties related to the preparation and the conduct of8

elections;9

(6) since 1994, Mexican law has permitted10

international observers to be a part of the process;11

(7) with 84 percent of the ballots counted, PRI12

candidates received 38 percent of the vote for seats13

in the Chamber of Deputies; while PRD and PAN14

candidates received 52 percent of the combined vote;15

(8) PRD candidate, Cuauhtemoc Cardenas16

Solorzano has become the first elected Mayor of17

Mexico City, a post previously appointed by the18

President; and19

(9) PAN members will now serve as governors20

in seven of Mexico’s 31 States.21

(b) It is the Sense of the Congress that—22

(1) the recent Mexican elections were conducted23

in a free, fair and impartial manner;24

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(2) the will of the Mexican people, as expressed1

through the ballot box, has been respected by Presi-2

dent Ernesto Zedillo and officials throughout his ad-3

ministration; and4

(3) President Zedillo, the Mexican Government,5

the Federal Electoral Institute, the political parties6

and candidates, and most importantly the citizens of7

Mexico should all be congratulated for their support8

and participation in these very historic elections.9

SEC. 3602. SENSE OF CONGRESS REGARDING CAMBODIA.10

(a) FINDINGS.—The Congress finds that—11

(1) during the 1970’s and 1980’s Cambodia12

was wracked by political conflict, war and violence,13

including genocide perpetrated by the Khmer Rouge14

from 1975 to 1979;15

(2) the 1991 Paris Agreements on a Com-16

prehensive Political Settlement of the Cambodia17

Conflict set the stage for a process of political ac-18

commodation and national reconciliation among19

Cambodia’s warring parties;20

(3) the international community engaged in a21

massive, more than $2,000,000,000 effort to ensure22

peace, democracy and prosperity in Cambodia follow-23

ing the Paris Accords;24

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(4) the Cambodian people clearly demonstrated1

their support for democracy when 90 percent of eli-2

gible Cambodian voters participated in United Na-3

tions-sponsored elections in 1993;4

(5) since the 1993 elections, Cambodia has5

made economic progress, as evidenced by the deci-6

sion last month of the Association of Southeast7

Asian Nations to extend membership to Cambodia;8

(6) tensions within the ruling Cambodian coali-9

tion have erupted into violence in recent months as10

both parties solicit support from former Khmer11

Rouge elements, which had been increasingly12

marginalized in Cambodian politics;13

(7) in March, 19 Cambodians were killed and14

more than 100 were wounded in a grenade attack on15

political demonstrators supportive of the Funcinpec16

and the Khmer Nation Party;17

(8) during June fighting erupted in Phnom18

Penh between forces loyal to First Prime Minister19

Prince Ranariddh and second Prime Minister Hun20

Sen;21

(9) on July 5, Second Prime Minister Hun Sen22

deposed the First Prime Minister in a violent coup23

d’etat;24

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(10) forces loyal to Hun Sen have executed1

former Interior Minister Ho Sok, and targeted other2

political opponents loyal to Prince Ranariddh;3

(11) democracy and stability in Cambodia are4

threatened by the continued use of violence to re-5

solve political tensions;6

(12) the Administration has suspended assist-7

ance for one month in response to the deteriorating8

situation in Cambodia;9

(13) the Association of Southeast Asian Na-10

tions has decided to delay indefinitely Cambodian11

membership.12


gress that—14

(1) the parties should immediately cease the use15

of violence in Cambodia;16

(2) the United States should take all necessary17

steps to ensure the safety of American citizens in18

Cambodia;19

(3) the United States should call an emergency20

meeting of the United Nations Security Council to21

consider all options to restore peace in Cambodia;22

(4) the United States and ASEAN should work23

together to take immediate steps to restore democ-24

racy and the rule of law in Cambodia;25

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(5) United States assistance to the government1

of Cambodia should remain suspended until violence2

ends, the democratically elected government is re-3

stored to power, and the necessary steps have been4

taken to ensure that the elections scheduled for5

1998 take place;6

(6) the United States should take all necessary7

steps to encourage other donor nations to suspend8

assistance as part of a multilateral effort.9

SEC. 3603. CONGRATULATING GOVERNOR CHRISTOPHER10

PATTEN OF HONG KONG.11

(a) CONGRESSIONAL FINDINGS.—The Congress finds12

that—13

(1) His Excellency Christopher F. Patten, the14

now former Governor of Hong Kong, was the twen-15

ty-eighth British Governor to preside over Hong16

Kong, prior to that territory reverting back to the17

People’s Republic of China on July 1, 1997;18

(2) Chris Patten was a superb administrator19

and an inspiration to the people who he sought to20

govern;21

(3) during his five years as Governor of Hong22

Kong, the economy flourished under his stewardship,23

growing by more than 30 percent in real terms;24

680

S 936 RFH

(4) Chris Patten presided over a capable and1

honest civil service;2

(5) common crime declined during his tenure,3

and the political climate was positive and stable;4

(6) Chris Patten’s legacy to Hong Kong is the5

expansion of democracy in Hong Kong’s legislative6

council and a tireless devotion to the rights, free-7

doms and welfare of Hong Kong’s people; and8

(7) Chris Patten fulfilled the British commit-9

ment to ‘‘put in place a solidly based democratic ad-10

ministration’’ in Hong Kong prior to July 1, 1997.11

(b) SENSE OF CONGRESS.—It is the sense of the12

Congress that—13

(1) Governor Chris Patten has served his coun-14

try with great honor and distinction; and15

(2) he deserves special thanks and recognition16

from the United States for his tireless efforts to de-17

velop and nurture democracy in Hong Kong.18

Passed the Senate July 11, 1997.

Attest: GARY SISCO,

Secretary.

TH D CONGRESS SESSION S. 936 · drydocks. Sec. 142. Replacement of engines on aircraft derived from...

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